The URL can be used to link to this page

07/28/2003 - 4622r a CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, ADDRFSS AND /TFM NUMBFR YaU ARF /IYi�RFSTFD /N. �a i�� iu �� CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 7:30 p.m. - City Council Chambers Attendance Sheet AL�ASF AR/NT NAMF, A�aRFSS ANfl /TFM NUMB�'R Y(JU ARF /Ni�RFSTFfl /N. r� �� <. j� � �`� � � ��f /C � . � � CITY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AflflRFSS AND /TFM NUMBFR YOU ARF /NTFitFSTFD /N. � ��! � Y : ., / � � �i� AC � %�� / ��a � l�'y� ,K' / , ,t"�11'� ��ffi�" �;; ��'��"� �fy�` <y � '�,,",• �'�� y� , , �� .. �S �.>, �,,, �� r � 3 U - � ��-� �� i „ �-{ ' % s ; c� ��. � � � ;, � �-- � � CITY COUNCIL MEETING OF JULY 28, 2003 C1TY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to� or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public , assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridle}�'s services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at ' S72-3500 at least one week in advance. (TTD/572-3534) � PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out — August 5, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve Development Agreement befinreen the City of Fridley and Michael Juaire for the Plats of Land Located at 1163 Norton Avenue N.E. and 1175 Norton Avenue N.E. (Ward 2) - ..................................................... 1 2. Resolution Approving a Plat, PS #03-04, Norton Manor Third Addition, by Michael Juaire, PMJ Group, Inc., for the Purpose of Constructing a 6-Unit Town Home Development, Generally Located at 1163 Norton Avenue and 1175 Norton Avenue (Ward 2) ' ....................................................................................................... 8 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #03-11, by Michael and Denise Corbett, for a Second Accessory Structure (Garage), Generally Located at 1601 Rice Creek Road(Ward 2) ................................................................................................... 17 - 20 4. Approve Change Order No. 1 to Project No. ST. 2003 — 1 ....................................................................................................... 21 5. Claims ....................................................................................................... 22 6. Licenses _ ....................................................................................................... 23 25 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. . .� ,. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 3 PUBLIC HEARING: 7. Consideration of a Request to Declare a Certain Parcel of City-Owned Real Estate Surplus and Authorize the Sale Thereof, Generally Located at 5541 Fifth StreetN.E. (Ward 1) ......................................................................................... 26 - 27 OLD BUSINESS: 8. Preliminary Plat Request, PS #02-03 by Brandes Place LP, to Replat Property into Two Lots, Generally Located at 6160 Fifth Street N.E. (Ward 1) .......................................................................... 28 - 29 9. Comprehensive Plan Amendment, CPA #02-01, by Brandes Place LP, to Change a Portion of the City's Comprehensive Land Use Plat in Order to Allow Higher Density on the Property, Generally Located at 6160 Fifth Street N.E. (Ward 1) .................................................................................. 30 - 32 10. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #02-01, by Brandes Place LP, to Rezone Property from R-2, Two Family Residential, and C-3, General Shopping, to R-3, General Multiple Units-Residential, in Order to Accommodate 16 Multi-Family Housing Units, Generally Located at 6160 Fifth Street N.E.) (Ward 1) - ......................................................................................... 33 36 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 4 NEW BUSINESS: 11. First Reading of an Ordinance Under Section 12.06 of the City Charter Repealing Ordinance No. 1175 Declaring Certain Real Estate to be Excess and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.)(Ward 1) ........................................................................... 37 - 38 12. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.) (Ward 1) ....................................................... 39 - 40 13. Special Use Permit Request, SP #03-12, by Jesse Collard, for a Second Accessory Structure (Garage), Generally Located at 1426 — 64th Avenue N.E. (Ward 2) - ...................................................................... 41 4 14. Variance Request, VAR #03-14, by Paridon Colstrom, to Reduce the Rear Yard Setback on a Double Frontage Lot from 34 Feet to 7 Feet to Recognize an Existing Non-Conformity; Generally Located at 5750 Madison Street N.E. (Ward 1) ..................................................................................................... 46 - 57 15. Resolution Declaring the Necessity to Levy a Tax Which is in Excess of the Inflationary Index for Tax Levy Requirements for 2004 to the County of Anoka for Collection ................................................................. 58 - 60 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 5 NEW BUSINESS (CONTINUED): 16. Informal Status Repo�ts ..................................................................................... 61 ADJOURN. L � . . � -� � � P M � t-4 � C o y►�.-+Oee.�S � ^ � ►t � �i,✓ 7 �. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 �� K , i !jru5f' � `d' � � �;u-<-�-1'-4�, � J � h v� � a�% arr oF ��o�� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to ailow individuals with disabitities to participate in any of Frid(ey's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. n 4. Approve Change Order No. 1 to Project No. � `'� � `�� ST. 2003 —1 ,. � Sp� ..................... 21 �1 c�k� I t•�;��t,�f- c�, u.�E' "I / �. �/�c � f.�..5.� � C,� G�. Ulit..e Wt� ��' Q wc,a uvl.�f- --�rz, �vti �"1-4 d! a :-�-e�� -I �2�5"�C�� PROCLAMATION: National Night Out — August 5, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: K� K� ,�dr� NEW BUSINESS: Approve Development Agreement be#ween the City of Fridley and Michael Juaire for the Plats of Land Located at 1163 Norton Avenue N.E. and 1175 Norton Avenue N.E. (Ward 2) .................................. 1 - 7 �� 2. Resolution Approving a Piat, PS #03-04, � Norton Manor Third Addition, by Michael Juaire, PMJ Group, Inc., for the Purpose of Constructing a 6-Unit Town Home Development, Generally Located at 1163 Norton Avenue and 1175 Norton Avenue (Ward 2) ........................._......... 8 —16 Special Use Permit Request, SP #03-11, by Michael and Denise Corbett, for a Second Accessory Structure (Garage), Generally Located at 1601 Rice Creek Road (Ward 2) .................................. 17 - 20 5. Ciaims 6. Licenses ................... 22 23 - 25 ADOPTION OF AGENDA. �, Q/ �� J�,� �} OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. ��i G PUBLIC HEARING: � v� '. � ' ° � � �'��'� �'/ �� C��..e . �' �' t ,3 5 -B jiq B ��- � ;� 7. Consideration of a Request to Declare a Certain Parcel of City-Owned Real Estate Surplus and Authorize the Sale Thereof, Generally Located at 5541 Fifth Street N.E. (Ward 1) ......................... 26 - 27 �a �-; v r� � ��-�, �. }�� P � s � .Z,e _..� .. � , � � � �� _ FRIDLE CITY CO�CIL MEE IT NG � Y 28 2 0 , 0 3 � f 'J/4 � /•�y�J�✓(titi�N/q.lj�Z� '� �V�. ' U• ,; f. hnn�nnti ' ' �''�"'-i<<'�-�t PAGE 2 OLD BUSINESS: �. 3,My 7 i,�, � NEW BUSINESS (CONTINUED): .�, ,NC,L .- „J `" 'S� Preliminary Plat Request, PS #02-03 b,�� f�� 13. Special Use Permit Request, SP #03-12, Brandes Place LP, to Replat Property ov`- �vP by Jesse Collard, for a Second Accessory into Two Lots, Generally Located at � Structure �Garage), Generally Located at 6�60 Fifth Street N. E. (Ward,1) ......... 28 - 29 426 — 64 h Avenue N. E. (Ward 2) ..... 41 - 45 W� � P� � ��, ,.��. � � l� s r� ; S L, - /�- � ��''� s-h P5 . �� ^�-� C o�r r e c.. 4- � l° la �► IeW -� ,a �/ d n. Q, KI °• �9 � lC`'uJ��/'t� S' �' , tss c,� ��X'�of� � Comprehensive Plan Amendment ��_ � �2z��-� 2 I�s. �,z 3.�-, I zZ�. 2��31�5� CPA #02-01, by Brandes Piace LP, to �.j,�� 14. Variance Request, VAR #03-14, by Paridon Change a Portion of the City's ,�, �' ' Colstrom, to Reduce the Rear Yard Setback Comprehensive Land Use ?lat in � on a Double Frontage Lot from 34 Feet to Order to Allow Higher Density on the 7 Feet to Recognize an Existing Non-Conformity, Properry, Generally Located at 6160 Generally Located a� 5750 Madison Street Fifth Street N.E. (Ward 1) ................. 30 - 32 N.E. (W 1 r-?�.'."':�........................ 46 - 57 �t � A P� ,� v�- v-S J 5 �-: �s 3C1 ar 3 I 3'� �i �c�e..M.:�e �- B� P �1 � �: 5 ,� , s. e� - �a � �. _ � �'(�(�°�� h os. P. -�� .. -, t� fs .� �� - � �� .� P�� ' P p � s .>�e. ... ___- � aJ��/��s� . . , _ �- ------.-.�� __._____._...._._ �.,. Resolution Declaring the Necessity to Levy 33^��'3 � 0. First Reading of an Ordinance to Amend T Which is in Excess of the Inflationary the City Code of the City of Fridley, Index for Tax Levy Requirements for 2004 Minnesota, by Making a Change in Zoning to the County of Anoka for Collection 58 - 60 Districts (Rezoning Request, ZOA#02-01, by �un�• :-� �� g�� +- Brandes Place LP, to Rezone Prope►ty -Q �z s � s/�� /� � from R-2, Two Family Residential, and � C-3, General Shopping, to R-3, General ��z, o�,�,{ �s �, � � Multiple Units-Residential, in Order ta .�' Accommodate 16 Multi-Family Housing Units, Generaily Located at 6160 Fifth 16. tnformal Status Reports ..................... 61 Street N. E.) {Ward 1) ......................... 33 - 36 '[' v vA (� n � .re.. � �',�1 �! l3 % J� �s s � 5 � - /� y �z. - ,,.� � S f � PS / � p; .� 2 � - N a,c� �% � � s �:�, .�'` o s� � �^� 3 r 3 � 1 ~.—� � _.._ _--.._-- \_k--z.� P,�,,Le,,,�..,2 5 g 1,�1 �� A 5�- �- P� s s S`}` Q- � 3 . ADJOURN � �N�— NEW BUSINESS: " s '` �' � � � • � 11. First Reading of an Ordinance Under Section 12.06 of the City Charter Repealing Ordinance No. 1175 Declaring Certain Real Estate to be Excess and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.)(Ward 1) ........... 37 - 38 S � f� �� I'1 s,�1; i �.r� � w � � �,�, �� 12. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located at 5541 Fifth Street N.E.) (Ward 1) ................................... 39 - 40 ,�(�� g��s/k 5��_rn �f'��'w� 4� ��f�� %�' ,� ��. ��;c�� f ��F �=��> i I �- �� ,,,,� C' � �� /f�--� �1- 0 L / r I I NAi/aNAL 1Y/Gl�IT aUT TU��AY, AUGUS"i 5, 2003 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nation-wide crime, drug and violence prevention program on August �, 2003, called "National Night Out "; and WHEREAS, the "20th Annual National Night Out" provides a unique opportacnity for Fridley to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Fridley residents play a vital role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts in Fridley and by supporting "National Night Out 2003 " locally; and WHEREAS, it is essential that all citizens of Fridley be aware of the importance of crime prevention prog�-ams and the impact that their participation can have on reducing crime, clrugs and violence in Fridley; and WHEREAS, police-community partnerships and neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW THEREFORE, BE IT RESOL VED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Tuesday, August S, 2003, as: nrArianrAC nric�rr avr BE IT FURTHER RESOL VED, that 1, Mayor Scott J. Lund, do hereby call upon all citizens of Fridley to join the Fridley Police Department and the National Association of Town Watch in supporting the "20th Annual National Night Out" on August S, 2003. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 28th day of July, 2003. SCOTT J. LUND, MAYOR 'i Twin Cities North CHA�AB�R of CO�VINI=R�� Policy Position Springbrook Nature Center Issue — Possible closinQ of Springbroo(: �tature Center due to (ack of City funding. Background — In 197�, the voters of Fridley approved the creation of Sprinabrook Nature Center in a city-wide referendum. The referendum ailowed the voters to choose to turn the land into a aoif course or preserve it as a nature center. The vote was 5,924 to 2,764 in favor of preserving the land as a nature center, clearly indicatinQ the peoples' �tiish for a nature center. In 2002, Sprin�brook's staff and volunteers conducted 604 programs and events with 20,533 participants. Total visits to the Nature Center are estimated at over 150,000 each year. In 2003, Fridley City Council members are scheduled to examine and vote on the 2004 budaet proposed by staff. Should the council approve the proposed budaet, all funding for staff and programming for the Nature Center would be cut as of January� 1, 2004. The operating expense to the City for the Nature Center is $266,000 per year. Member Input — A member-wide survey was conducted asking for input from the members on the operation and funding of Springbrook Nature Center, and whether the center should remain open as a Nature Center or be turned into a golf course. Every response that came back to the chamber was in favor of preserving the Nature Center, and not allowing it to be converted into a golf course. Some members have suggested other means of funding such as charging an entrance fee, seeking corporate sponsors, and/or allowing the residents to vote on the issue in a referendum settin�. Recommendaifon to the Board — in consideration oi the above, tne Foard of Directors or the Twin Cities North Chamber of Commerce, voted in favor of supporting the efforts to preserve the Nature Center. The vote included 14 members of the Board in favor and 1 abstaining. Further, the board respectful(y requests that members of the Fridley City Council vote to keep Springbrook Nature Center open in full capacity and continue operation as a Nature Center. Adopted Friday, July 25, 2003 Res c lly submitted, �� Shannon Meyer, President Twin Cities North Chamber of Commerce 250 Ect.,t :Lloore Lc�ke Driz�e. Suite C• Frictley. .L[inraesotct »432 • i63-571-9781 • Fat 763-�7?-79�0 • e-mail: i�tfoC�?tat�irtcittesraorth.or� AUDUBON MINNESOTA 2 3 S 7 Ventura Drive, Suite 106 St. Paul, Minnesota 5 512 S 651 739-9332 July 28, 2003 To the Fridley City Counci(: I am commentinQ on behalf of the Board of Directors of Audubon Nlinnesota in regards to the proposed c(osinQ of the SprinQbrook Nature Center. Audubon Minnesota is the state office of the National Audubon Society. For over 100 years fludubon has been working to protect birds, other wildlife, and their habitats. One of the primary strategies that Audubon uses in this work is the development of community nature centers and the environmental education programmin� associated with them. Audubon believes that nature centers are cherished community assets that add significantly to the residents' quality of life. They are perhaps most comparable to public libraries — offering timeless, educational resources to peop(e of all a�es and wa(ks of life. In this country where over 80% of the peop(e now live in urban areas, nature centers like Springbrook offer rare opportunities to experience uncaDed nature, where a child can still delight in the touch of a dragonfly, the excitement of a snake scooting away into the grass, or the sheer beauty of a bluebird. Yet nature centers are much more than just greenspaces. In the hands of experienced and capable educators like Siah St. Clair, nature centers become unmatched classrooms, providing outdoor laboratories where the detached theor:�s of school lessons become real-life learning. Can we measure the value of the experience when a child who sees his or her first cocoon open up before their eyes, or finds a snapping turiie laying eggs beside the trail? Such lifetime memcries uo n�t translate into dolla�s. These are difficult financial times for everyone, and every jurisdiction. But to close Springbrook Nature Center would be to turn a short-term problem into a lasting legacy of shame. We urge you to reconsider your proposal to close the Nature Center. _ Thank you for your attention and consideration. Sincerely, _ /��j y� {�.�°, (Je LC�-�.- � L- \_ / Mary Ellen Vetter Member, Audubon Minnesota State Board of Directors / AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2003 arY oF FRIDLEY DATE: July 23, 2003 TO: William W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Norton Manor Third Addition M-03-100 INTRODUCTION On June 4, 2003, the Planning Commission considered plat request PS #03-04, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1163 Norton Avenue and 1175 Norton Avenue to allow for the construction of a 6-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-04, with 16 stipulations. At the June 23, 2003, City Council meeting, the preliminary plat was approved, with 16 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Norton Manor Third Addition. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 1 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this Z$� day of �""c�l� , 2003, between the City of Fridley, acting through its Nlayor and City Manager (hereinafter called the "City"), and Michaei Juaire, (hereinafter cailed the "Developer'). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: The east 12� feet of Lot 4, Auditor's Subdivision No. 89, except the east 10 feet thereof. AND The east 10 feet of Lot 4 and the west 70 feet of Lot 5, Auditor's Subdivision No. 89. All in Anoka County, Minnesota. (the "Subdivision"); and to be described as Norton Manor Third Addition WHEREAS, the City Council, by resolution # , adopted T ly Zg , 2003, granted Developer's plat request for a portion of the prope�ty to allow it to construct a six unit town home development on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. following: Improvements shall include, but not be limited to the ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 6 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. 2 The Develooer agrees that it wiii not sell any lot, parcel or whole o� partiai portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the developmert until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as t� a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the originaf lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Depa�tment of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Grading Erosion Control and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the worlc in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. 3 (C}The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip tine. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean UA. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets ard storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $9,000.00. (6 lots x $1,500.00 = $9,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, o�cers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat ApprovaL The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. � 12. Transfers of Interest — as described in ParaqraQh 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonabie attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or rende� unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The te�ms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. Assignabilitv. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this day a f , 2003 DEVELOPER CITY OF FRIDLEY , By: C � BY� Mic el Juaire Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCiL 1. The finai landscape plan shaii meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by #he City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shafl provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. - 16. A Development Agreement outlining the Develope�'s obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 0 0 I � � � -� � C � � c■i � z n z � ;� _ �.. :�:�; �:; .� �: __ EXHiBIT B �. �.� i ' . , ?I JJ'Ot'�d'W t33.i5 lS/�ASUR?71 i � I _..; _: ; `� ,� , a.' , i' ._ — �r a�� + i` � �� . ' N - � � 1 . � I � � E J �. ' ? ,`�, I �..V. O C' ��, �: .: �. � - -L -- — -� - � �- �`.=- -- �-=- -- - �- . ._ �L — �" _ _ '( L .� :r : � ..0 5u1 V ' � -.[: j � ' i� . •7 a: , I �? � y, � , . . .. � . .� - z ; , - � , � � � , � � ' ; . . ., . ,. .,� � _ � �, : ......,. ,_,. � �' � s :T 0 � m 0 a 0 ,, , ,. ... . : . _. , ..o ... .� ,. . ; _. _K _ , ' N 00•O1'�6'W 163.93 (MEASUREDI � ' i �e� ua ,.. �.r �.�. ...o r.) a9� � '��°* �., , ,�_ ; , , • ; - -- — - —�— � -- - -- - -- - - _. �— . —.— - - - — - --- �.,, ,� ..,u . . .. . �,�_- ,.—„ >; ._ -_ ., _,� . „<.�.,�.�>:.,.� .� <. .., , ..... . � s: s7� a� s �p }� a;n� �I ;- j^� ��n� � 4; -i i�} 'i i 'j ��$ ";� �^ �� °� a� $'i; � i� � � : �� . � �* �ii '�= � � � �9 _I� � _�. �' � ; �;=� �� ' � �� ' ��4� � �� { � �� 4 = � �;�. sl a � _�;�� =s �� t�;� � �� g s i ; ?� �; � �; i � r � 3� � __ ": �s�� i :f � I ; : �:� �� {t ; s 3� �i�f� j� ";� °� ! '. ( •. � - � .-� ' I i j1 : - �� I I yy 1 ! � �4� � �;-- � ?� � , i ' x-- : I � g�� - �i �il i � I =a � �� s '3 � • 3�$ t 4 Z'q �; ��$� � �� s' $ f� ? :; 3 � ;. a i �i�d4 i� i3� � t; ' � " I ; �3 � ;a i $ ��i , � F $ S� �i ;� i; o �� 12 _ aS �'u ' ; �� 3 7 �3 : �3 j � � ;i n �2 ° i ia' ��3 � s q� (� : � I�I �i � � ' s : I � � �; � i a - � Si t� 1�.� gl; 3� g1�� i�• I'j I'I •• ��; 30 � o.�'`��i �� i�j ') � I � i 3 i° � � �°5 i - � �, �;: �'� I : - :� � �� : I � �;�` s j� ��;� i= �� ,' =I � �� _ � t; sa y - ? I�i �� 3 S i3 • �) � �i _ � '+ E; ' Sj� y �i �i;{ ;' ', ' : _ = __ :: ,.� j SI ; • �1•= '�I ' � I ' y � ,j � i� ; i 3 i: Z l ' 1 3 �:I ; �;:' z I i?i ;.ii ; = '' � ; +I� _ � ; - :; ; � �g : ��' ��-'- '' i � y� c t 3s � I a 3i; ;I t� 3; � ��.a � 3 I ; �� _ ; . : : . -' 7 z 0 � � � � � % OT /V � � � 0 � 0 � ---i 0 z ��n�� nG— fJ � � . � ; � �� G � � � �Q� � �rn �� CfTY OF fRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 July 23, 2003 William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #03-04, Michael Juaire, PMJ Group, Inc. M-03-99 INTRODUCTION On June 4, 2003, the Planning Commission considered plat request PS #03-03, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1163 Norton Avenue and 1175 Norton Avenue to allow for the construction of a 6-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-04, with 16 stipulations. At the June 23, 2003, City Council meeting, the preliminary plat was approved, with 16 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-04. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have ir�igation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. : 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the properly prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 0 City of Fridley Land Use Application PS-03-04 June 4, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire 9814 Pin Oak Avenue Brooklyn Park MN 55443 Requested Action: Replat property to accommodate a 6- unit town home development. Existing Zoning: R-3, General Multiple Units Location: 1163 & 1175 Norton Avenue Size: 25,960 sq. ft. .60 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Apartment building & R-3 E: Single Family home & R-3 S: Multi-Family & R-3 W: Industrial Building & M-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: 1163 Norton Avenue • 1949 — Lot platted. � 1958 — House and garage built. 1175 Norton Avenue - 1949 — Lot platted. � 1953 — House built. � 1958 — Garaqe built. Legal Description of Property: 1163 Norton Avenue Part of Lot 4, Auditor's Subdivision #89 1175 Norton Avenue Part of Lot 4& 5, Auditor's Subdivision #89 Public Utilities: Located at the properry. Transpo�tation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to replat the properties located at 1163 & 1175 Norton Avenue to allow for the construction of a 6-unit town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. CITY COUNCIL ACTION / 60 DAY DATE City Council —June 23, 2003 60 Day — June 30, 2003 Staff Report Prepared by: Stacy Stromberg 10 PS #03-04 REQUEST Michael Juaire, of PMJ Group, Inc. is requesting to repiat the property located at 1163 and 1175 Norton Avenue, to create 7 separate lots from part of Lot 4 and 5, Auditor's Subdivision #89, in order to construct a 6-unit renter occupied town hame development. ANALYSIS The property at 1163 Norton Avenue is zoned R-3, Multi-Family, as are all surrounding propErties. The existing house and garage were constructed in 1958. Both of these structures will be removed to accommodate the proposed town home development. Existing home and garage, located at 1163 Norton Avenue — to be removed � The property at 1175 Norton Avenue is zoned R-3, Multi-Family, as are the surrounding properties to the north, east, and south. The property to the west is zoned M-1, Light Industrial. The existing home was constructed in 1953 and the garage was built in 1958. Again, both of these structures will be removed to accommodate the proposed town home development. 11 Existing home and garage, located at 1175 Norton Avenue — to be removed City Code requires that lots in the R-3, Multi-Family zoning district have a minimum lot area of 15,000 square feet for a four unit dwelling, with an additional 1,000 square feet for each unit over four. The subject property is 25,960 square feet, which exceeds the minimum requirements. The proposed town home development also meets all setback and lot coverage requirements. At the May 12, 2003, Planning Commission meeting, a public hearing was held for the second preliminary plat request on Norton Avenue. As you will recall, there was some discussion from neighbors regarding the zoning of Norton Avenue. Staff has done some research and determined that the Norton Avenue block was rezoned from R-1, Single Family to R-3, Multi-Family on August 19, 1963. A public hearing was held at the June 13, 1963, Planning Commission meeting and was continued to the June 27, 2003, PC meeting to deliver notices to the neighborhood. At the June 27, 2003, PC meeting, no one was present in opposition of the rezoning. The rezoning �equest was approved by the City Council on August 19, 1963. It appears that the vision of the City Council was to allow higher density in this area. Mr. Juaire's requests are bringing the neighborhood closer to that vision. The petitioner for the 1963 rezoning request, Mr. George Norton, stated at the June 13, 1963 public hearing, that this was the only remaining residential portion in the area and therefore, he wished to rezone so that the full value of the property could be obtained. 12 The Comprehensive Plan designates the 2020 future land use of this property as "Redevelopment." Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilized parcels. The Norton Avenue block is categorized under the Redevelopment Area #1 in the Comprehensive Plan, which also includes the salvage yards. It states that, "The multiple fami�y properties located along Norton Avenue may be eligible for rental rehabilitatian programs. The City should also pursue aggressive code enforcement to assist in eliminating any negative images regulating from illegal outdoor storage or other code enforcement problems." The redevelopment section for this area doesn't specify that this area should be used for anything other than Multi-Family. Anytime something new is constructed in a neighborhood, the existing neighbors may view the changes negatively and an alteration to the character of the area. However, the intent of the 1963 rezoning was to accommodate multi-family in this neighborhood. Adding these additional town home developments is consistent with the decisions made by the City Council 40 years ago. Fridley City Code states that construction hours are befinreen the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal holidays. Any work activity on Sundays is unlawful. Mr. Juaire and his construction crew will be obligated to meet these requirements. Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 13 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire narthern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 14 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #03-04, NORTON M�IDTOR THIRD ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING A 6-UNIT TOWN HOME DEVELOPMENT, GENERALLY LOCATED AT 1163 NORTON AVENUE AND 1175 NORTON AVENUE WHEREAS, the Planning Commission held a public hearing on June 4, 2003, and recommended approval of said plat; and _ WHEREAS, the City Council approved the preliminary plat for NORTON MANOR THIRD ADDITION at their June 23, 2003, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR THIRD ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR THIRD ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED APTD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28� DAY OF JULY 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK � 15 SCOTT LUND - MAYOR Page 2- Resolution -2003 - NORTON MANOR THIRD ADDITION EXHIBIT A STIPULATIONS 1. The final Iandscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. Ali landscaped areas shall have irrigation installed. 3. B�=ck typF and application on elevations and other external ' building materials to be reviewed and approved by City staff prior to �issuance of a building permit. 4. Columns shown on the right and left elevations of the building � plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four- sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways - have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation - to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. � LL•� � AGENDA ITEM � CiTY COUNCIL MEETING OF JULY 28, 2003 CfTY OF FRIDLEY Date: July 23, 2003 � To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-11, Michael and Denise Corbett M-03-96 INTRODUCTION Michael and Denise Corbett are seeking a special use permit to allow the construction of a 552 square foot accessory structure in the side yard of their residence at 1601 Rice Creek Road. PLANNING COMMISSION RECOMiVIENDATION At the July 16, 2003, Planning Commission meeting, a public hearing was held for SP #03- 11. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-11, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall install Code required hard surface driveway extension within 12 months of issuance of a building permit. 2. Petitioner shall obtain all necessary permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with a complementary siding and color scheme. 7. A firewall shall be installed on the west wall of the proposed garage. 17 City of Fridley Land Use Application SP #03-11 July 16, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael and Denise Corbett 1601 Rice Creek Road Fridley MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Location: 1601 Rice Creek Road Size: 29,016 sq. ft. .66 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1939 — Lot is platted. 1960 — Home and Garage are built. 1993 — This lot was part of a lot split. Legal Description of Property: The west 145 feet of the South 230 feet of Lot 5, Auditor's Subdivision Number 22 Public Utilities: Home is connected. Transportation: The existing driveway off of Rice Creek Road will provide access to the proposed garage. Physical Characteristics: : Typical suburban landscaping. SUMMARY OF PROJECT The petitioners, Mr. and Mrs. Corbett are seeking a special use permit to allow the construction of a 552 square foot accessory building in the side yard of their property, which is located at 1601 Rice Creek Road. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipu/ations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current two- stall garage is 556 square feet and the 3- season enclosure located in the rear yard is 285 square feet. The proposed accessory structure is 552 square feet. The total of all accessory buildings, existing and proposed is 1,393 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council —July 28, 2003 60 Day — August 11, 2003 (Location of Proposed Garaqe) Staff Report Prepared by: Stacy Stromberg SP #03-11 REt�UEST The petitioners, Michael and Denise Corbett are seeking a special use permit to allow the construction of a 552 square foot second accessory building in the side yard of their property located at 1601 Rice Creek Road. The building will be used for storage of recreational vehicles an� lawn equipment. ANALYSIS The property is locatec! on Rice Creek Road, with the home being "squared up" to and fronting on Rice Creek Road. The property is zoned R-1, Single Family as are all surrounding properties. The existing home and double car garage were built in 1960. This property was originally part of a large lot, which was split into 3 separate lots in 1993. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing two-stall garage is 556 square feet and the 3-season enclosure which is located in the rear yard is 285 square feet. The proposed accessory structure is 552 square feet. The total square footage of the existing garage, existing 3-season enclosure and the proposed accessory structure are a total of 1,393 square feet, which is 7 square feet less than the total allowed by Code. The proposed garage location meets all setbacks and lot coverage requirements. City staff hasn't received any comments from neighboring property owners. � Proposed Garage Location RECOMMENDATIONS City Staff recommends approval as second accessory structures are permifted under special use permit in the R-1 Single Family Districf. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall install Code required hard surface extension of driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. A firewall shall be installed on the west wall of the proposed garage. 2� 0 .. , �� Hardrives, Inc. 1447� Quiram Dr. Rogers 1�1N »374 �� CITY OF FRIDLEY �ERSITY AVENUE N.E. FRIDLEY. i�IN 5��32 � c,� d G�.. SUBJECT: Change Order No. l, 2003 Street Reconstruction Project No. ST. 2003 - 1 Gentlemen: � , 1'ou aze hereby ordered, authorized, and instructed to modify your contract for the 2003 Street Reconstruction Project No. ST 2003 - 1 by adding the following work: Addition: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Item Mobilization 12" DIP class 52 WM 6" DIP WM Poly Wra.p Remove PR Station Tie in Water 12" Long sleeve 12" Gate valve and box 14" long sleeve 14" valve and box Hydrant valve and box 12x12x12Tee 12x6x12Tee 14x12x14Tee Remove pipe spoil TOTAL CHANGE ORDERS: Original Contract Amount Contra.ct Additions - CO No. 1 REVISED CONTRACT AMOUNT anti Unit Unit Cost 1 LS 1,200 LF 10 LF 1,200 LF 1 LS 2 EA 3 EA 3 EA 1 EA 1 Ea 1 EA 1 EA - 1 EA 1 EA 100 CYD 500.00 33.50 19.80 0.93 1,100.00 660.00 798.00 1,987.00 1,093 _00 4,323.00 2,728.00 852.00 742.00 1,265.00 8.40 Total Cost 500.00 40,200.00 198.00 1,116.00 1,100.00 1,320.00 2,394.00 5,961.00 1,093.00 4,323.00 2,'728.00 852.00 742.00 1,265.00 840.00 64,632.00 693,360.41 64,632.00 $ 757,992.41 � 7 4 s Hardrives, Inc. Change Order No. 1 Julv 2�, 2003 Pa.ge 2 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 28th day of July, 2003 Prepared by Checked bv Jon H. Haukaas, P_E. Director of Public Works Approved and accepted this day of . 2003 by HARDRIVES, INC. Signature Approved and accepted this day of , 2003 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Bums, City Manager Approved and accepted this da.y of , 2003 by Metro Division Assistant State Aid Engineer � cmr oF FRtDLEY TO: � FROM: Date: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 William W. Burns, City Manager �� Jon H. Haukaas, Public Works Director July 25, 2003 Change Order No. 1 to Project ST 2003 — 1 PW03-072 On Tuesday, July 22, 2003, we met with representatives of Bonestroo & Associates, the consultant studying our water system. One of the preliminary findings was that we had a serious "weak point" in our distribution system. That being how we supply water across I-694 between well No. 1 at Cheri Lane to the Marian Hills reservoir and then into the intermediate pressure zone. In the event of a break in the 14- in.- diameter pipe under �-694 at Matterhom Drive, the intermediate and high pressure zones would have to operate at less than 20 psi until corrected. Repairs under the freeway could take a significant amount of time to fix. The minimum recommended pressure is 20-30 psi and most of the intermediate and high pressure zone currently operates at 50 to 90 psi. The solution to this is to install a 12-in.-diameter supply line along Skywood Lane from I-694 watermain crossing at Fillmore Street to the I 694 watermain crossing at Matterhorn Drive to allow a brdirectional "looped" flow between the well, reservoir and dstribution zone. Skywood Lane is currently under construcrion making this opportune time to do this work with the least disruption of service. We are working on costs with our contractor. We are expecting the cost to be approximately $64,000 due to the size of the pipe, the number of valves and other fittings required, and mobilization costs. We will present an itemized list of costs at the City Council meeting. Money is available for this project in the water CIP. Recommend the City Council approve Change Order No. 1 to ST 2003 — 1 to Hardrives, Inc. of Rogers, MN. . JHH: cz Attachment 21 + � i : AGENDA ITEM COUNCIL MEETING OF JULY 28, 2003 C717 OF FRIDLEY CLA1 MS 112437 -112654 22 � f � CTfY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 LICENSES Type of License TEMPORARY FOOD Fridley Historical Society 611 Mississippi St NE Fridley, MN 55432 MASSAGE/ MASSEUSE Bridget Wickstrom 1720 124`h Ave NW Coon Rapids, MN 0 : Approved By: Fees: Robert Christenson Public Safety Waived Fire Inspector Community Development Bridget Wickstrom Public Safety 23 None � �� City of Fridley AGENDAITEM City Councii Meeting Of Monday, July 28, 2003 � Gas Services Marsh Heating & Air Conditioning 6248 Lakeland Ave N Keily Marsh Brooklyn Park MN 55428-2�37 PMR Mechanical Inc 2414 E 26 St DuWayne Meyer Minneapolis MN 55406 General Contractor-Residential Designer Decks Inc (20092021) 300 Hwy 55 PO Box 276 Lance Beaulieu Medina MN 55340- Heritage Remodeling (20172084) 7768 N Shore Cir John Guider Forest Lake MN 55025- North Country Exteriors Inc (20373395) 21245 Gypsy Valley Rd Dana Henjum Anoka MN 55303- Roof Design Partners LLC (20004817) 4026 7 St NE Steven Lu� Columbia Heights MN 55421-2801 Westem Remodelers Inc (3847) 2520 W Larpenteur Stephen Lyons Lauderdale MN 55113- Heatinq Marsh Heating & Air Conditioning 6248 Lakeland Ave N Kelly Marsh Brooklyn Park MN 55420-2937 24 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Oificial State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official 0 0 0 PMR Mechanicai Inc 2414 E 26 St Minneapolis MN 55406 Plumbing Commers The Water Company 9150 W 35 W Service Dr Blaine MN 55449- Roofinq North American Roofing 6151 West 80 St Indianapolis IN 46278- Siqn Erector Empire Graphics 11433 Elmwood Ave N Champlin MN 55316- � DuWayne Meyer Lisa Bergstrom Rod Johnson Ron Begin 25 Approved By: Ron Julkowski Building Official State of MN Ron Julkowski Building Official Ron Julkowski Building Official � AGENDA ITEM C1TY COUNCIL MEETING OF JULY 28, 2003 ClTY OF FRIDLEY Date: July 23, 2003 To: William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Sale Thereof M-03-101 INTRODUCTION Tim Sylvester Builders, Inc., former owner of 5541 5`h Street, successfully sought to have the City declare excess, an unused portion of City right of way (ROW) located immediately south of his property. Tim Sylvester failed to meet the conditions for sale in the required timeframe and recently sold the property at 5541 5�h Street to Tradition Homes. Tradition �ess. The 3,385.1 square foot parcel was originally taken by the State as ROW for I-694, but was turned back to the City in 1979. The City sought to retain a 10' boulevard between the 26 0 0 edge of the property and the existing bituminous roadway, consistent with properties to the west. The parcel in question is not buildable as a stand-alone parcel and the City has no plans for future use of this property. As Tim Sylvester Builders had agreed to the City's conditions placed on the sale of this property, staff recommended the Council declare the property excess and authorize sale thereof. In March 2003 the Council did declare the property excess, however, Tim Sylvester Builders failed to meet the conditions placed on approval before the July 1, 2003 deadline. Therefore, the ordinance is no longer valid. In addition, Tim Sylvester Builders is no longer in business and recently sold the adjacent property to Jay Windschitl of Tradition Homes, Inc.. Mr. Windschitl has requested that the City approve a new ordinance declaring the property excess and authorizing sale of the parcel to Tradition Homes. STAFF RECOMMENDATION Staff recommends the Council hold a public hearing to deem this property excess and sell this property to Tradition homes for $1/square foot with the following conditions: • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by December 1, 2003. City Attomey Knaak points out that it will be necessary for the Council to pass a resolution repealing the previous ordinance declaring the property excess and authorizing the sale to Tim Sylvester Builders. The City Attorney has stated this can be done just prior to holding the first reading of the ordinance to authorize the sale of the property to the new owner, Tradition Homes. z7 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2002 CfTY OF fRIDLEY Date: July 24, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: Approval of Preliminary Plat Request, PS #02-03 M-03-104 INTRODUCTION Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transferring the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 (remaining St. William campus) is 5.8 acres in size. PLANNING STAFF RECOMMNEDATION City Staff recommends Council's approval of the Plat request to comply with the terms of the Brandes Pface Partnership settlement agreement, with the stipulations below. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located :� on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 29 / � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 Date: July 28, 2003 To: William 8urns, City Manager � � From Subject: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Comprehensive Plan Amendment, CPA #02-01, Brandes Place, LP M-03-105 INTRODUCTION Brandes Place LP is seeking to amend the future land use map of the Comprehensive Plan, designating the new Brandes Place parcel (proposed Lot 1) as Multi-Family Residential in the year 2020. The Comprehensive Plan sets the overall vision for the City's future. The future land use plan and map, a vital piece of the Comprehensive Plan, visually displays the desired land use pattern for the year 2020. The St. William / Brandes Place property is designated as Public / Semi-Public on the future land use map. The Public / Semi-Public designation is placed on nearly all institutional type uses within the City, including: churches; schools; Unity Hospital; and City buildings. Prior to the Brandes Place parcel being rezoned from a mix of C-3 and R-2 to R-3, the future land use designation on the site must be changed to Multi-Family Residential in order for the rezoning to be in conformance with the Comprehensive Plan. In short, the Comprehensive Plan Amendment is needed to provide the basis for all the proposed rezoning. - PLANNING STAFF RECOMMENDATION City Staff recommends the City Council approve the resolution of the comprehensive plan amendment as agreed to in the Brandes Place Partnership settlement agreement, with the following stipulations. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 30 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 31 RESOLUTION NO. -2003 RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, CPA #02-01, TO CHANGE LAND USE DESIGNATION FROM PUBLIC/SEMI-PUBLIC TO MULTI-FAMILY RESIDENTIAL IN THE CITY'S COMPREHENSIVE PLAN, GENERALLY LOCATED AT 6160 FIFTH STREET NE. WHEREAS, the Planning Commission held a public hearing on the Comprehensive Plan Amendment, CPA #02-0?, on September 4, 2002, and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment at their September 23, 2002, City Council meeting and denied the amendment at their October 14, 2002, meeting; and WHEREAS, That decision then became the subject of a lawsuit filed against the City on behalf of the Brandes Place Partnership; and WHEREAS, The League of Minnesota Cities Insurance Trust retained outside attorneys to advise and represent the City and those attorneys strongly recommended that the City enter into mediation with the Partnership, in an effort to protect the City from a great risk of substantial financial liability; and WHEREAS, On June 19, 2003, during mediation conducted by former St. Paul Mayor George Latimer, the parties reached an agreement that resolved the litigation and that settlement has been formally adopted by the City Council and by representatives of the Partnership. WHEREAS, the Metropolitan Land Planning Act (Minn. Stat. 473.851 — 473.872) requires that local government units prepare and submit minor amendments to their Comprehensive Plan to the Metropolitan Council; and WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changed in metropolitan urban service demand: changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive Plan; and WHEREAS, the City has determined this to be a minor amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CPA #02-01. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28"i DAY OF J U LY, 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK 32 SCOTT J. LUND — MAYOR r L C1TY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF July 28, 2003 Date: July 24, 2003 To: William Burns, City Manager From Subject: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator First Reading Of Rezoning Request, ZOA #02-01, Brandes Place, LP M-03-106 INTRODUCTION The St. William Campus and the proposed Brandes Place lot are currently a mix of R-2 (Two Family) and C-3 (General Shopping Center) zoning districts. Brandes Place LP and the Church of St. William are seeking to rezone both of the proposed parcels to R-3 (Multi- Family). The R-3 designation is necessary for the Brandes Place development, or any multi-family development, and is not an uncommon zoning designation for church property in Fridley. PLANNING STAFF RECOMMNEDATION City Staff recommends Council approve the rezoning request, with stipulations, in order to comply with the Brandes Place Partnership settlement agreement. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park 33 fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 34 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1 SECTION 2 Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. The tract or area within the County of Anoka and the City of Fridley and descri��d as: Lot 1, Block 1, Church of St. William First Addition, Anoka, County, Minnesota. Lot 2, Block 1, Church of St. William First Addition, Anoka County, Minnesota, generally located at 6160 Fifth Street. Is hereby designated to be in the Zoned District R-2 (Two Family) and C-3 (General Shopping Center). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2 (Two Family) and C-3 (General Shopping Center), to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCiL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: September 23, 2002 July 28, 2003 SCOTT J. LUND - MAYOR 35 Attachment 1 STIPULATIONS TO ZONING AMENDMENT 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to cons#ruction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4). Storm pond maintznance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 36 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2003 CffY OF FRIDLEY Date: July 23, 2003 To: Williarrr Burns, City Manager P � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 1� Reading of Ordinance To Repeal Ordinance #1175 M-03-102 INTRODUCTION Tim Sylvester Builders, Inc., former owner of 5541 5`h Street, successfully sought to have the City declare excess, an unused portion of City right of way (ROW) located immediately south of his property. Tim Sylvester failed to meet the conditions for sale in the required timeframe and recently sold the property at 5541 5"' Street to Tradition Homes. Tradition Homes is seeking to purchase the portion of unused ROW previously declared excess. City Attorney Knaak had indicated to Staff that it is necessary for the Council to pass a resolution repealing the previous ordinance declaring the property excess and authorizing the sale to Tim Sylvester Builders. The City Attorney stated that this could be done just prior to holding the first reading of the ordinance to authorize the sale of the property to the new owner, Tradition Homes. STAFF RECOMMENDATION Staff recommends the Council hold the first reading of an ordinance to repeal Ordinance #1175, originally adopted March 24, 2003. 37 ORDINANCE NO. Ai�i ORDINANCE UNDER SECTION 12.06 OF THE CITY TO REPEALING ORDL�1�'VCE #1175 DECLARING CERT_�I�I REAL ESTATE TO BE EXCESS A1�1D AUTHORIZING THE SALE THEREOF. SECTION 1. Ordinance #1175, adopted March 24, 2003 declazed real property excess, described as follows: That part of Lots 25 and 26, Block 7, Hamiltons Addirion to Mechanicsville, Anoka County, Minnesota, lying Northerly of the following described line: Commencing at the Northeast corner of said lot 26; Thence southerly along the east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the line to be described: thence Northwesterly to a point on the westerly line lying 5.50 feet southerly of the Northwest comer of Lot 26 and said line there terminating. SECTION 2. The purchaser failed to effect the transaction in the required timeframe and subsequently sold the property adjoining the City's. SECTION 3. That Ordinance # 1175 is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Readirig: July 28, 2003 Second Reading: Publication: SCOTT J. LUND — MAYOR : � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2003 CfTY OF FRIDLEY Date: July 23, 2003 � To: Williarrr Burns, City Manager ,�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 1� Reading of Ordinance To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Sale Thereof M-03-103 INTRODUCTION Jay Windschitl of Tradition Homes, Inc., new owner of 5541 5�h Street, has requested that the City approve a new ordinance declaring the property abutting his as excess and authorizing sale of the parcel to Tradition Homes. STAFF RECOMMENDATION Staff recommends the Council hold the first reading of an ordinance to deem this property excess and authorize the sale of this property to Tradition homes for $1/square foot with the following conditions: • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by December 1, 2003. 39 ORDINANCE NO. AN ORDINAi�iCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZI�i 1G THE SAI,E THEREOF. SECTION l. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lots 25 and 26, Block 7, Hamiltons Addition to Mechanicsville, Anoka County, Minnesota, lying Northerly of the following described line: Commencing at the Northeast comer of said lot 26; Thence southerly along the east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the line to be described: thence Northwesterly to a point on the westerly line lying 5.50 feet southerly of the Northwest comer of Lot 26 and said line there terminating. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate, for $1/square foot, to the adjacent property owner, with the following conditions: • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean ritle. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve azchitectural elevarions of any buildings to be constructed on the combination of lots prior to issuance of any building pertnits. • The sale shall be effective by December 1, 2003. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: July 28, 2003 Second Reading: Publication: ' 1 SCOTT J. LUND — MAYOR 7 ��_�� //// � � G � C�F��faj��r..+l ! ,j,-'"^ y.�� . ��] t�: \.�• ��.��'��^� i %� /} / / � � . �'�' ��/.J / e�/ ' ✓��///%'�'i`•'. ri� t �..�� ` �(.i� _ i•"�t.✓[ V �i� �.� fo � � � .��J�� '�`�°`� � -�-i � �"� "�,�--.� `� �� s c,� o v ✓G1,,e €e . � � . � � � � �' Gl� �.,�� , � �� _� .��, y�� . � � , ,�r �� a�. � , ��`-�-� .--z.� °��, �-, .. � � -�� . • • , -� �, —�� ' .-�'`'L -� ' _ � `�� :�°z..� ��.�...�,,; � , �� -� ..� �'��" �, �-��,� ��' ��'�'�.�.�,,.� -� `..c.�! .� G�� '�' �`�� ` G�� , �� -- ,��,.�,._,� ��,�� °�� -� -��- _ _ , � ^, t ��=�'� ..e�.�� , 9 G��° . �� a�".� `.°�`� y ��-L�-t— �-�''�� Z�:�,�,�,��,1 � ��.. �.��'/ `;�� ' �� :�'.,�t'j -� ,� � .�,� `�� • �� -T�'�c-.�-��i � �„ � .��,��-�-.,�. ,,,�� :�,. ��4`��-�' ��-..�..�� • �;� � ��-� ,.;�� .�.�.�-- � �-�'�� ...� ��, � �..Q��;�� ' n � �� . ��`'��`�"��-r° �, �� " .��v �� ` `" _ �� — �� ,,,,�..�..� . ' ,.�1��.� � � '� -' ��.;� � �' �-�-- �z� ��_...�..,�. : `�` ��`�`�-�ek��:1 C�� C�''2�;%.�.c-,�'-� -��-�t�° � �,��c.�c� Cr.�:� ..,�, c,� � • . , �� '�.-�- .��.� �" -�-� �' ��. ,�� .�.. .,��,�� , , .� i ,� � l�--�,��.�yy��' .�� . � � " ..�,�f��. .-� ��., .��'�. . �� '� � �� ' � , y�;�, �� t �� a � �� 4 .? �} �"J Scott Lund, Mayor City of Fridley 6431 University Ave. NE Fridley, MN 55432 July 23, 2003 Mr. Mayor, We live at 1400 - 64�' Ave. NE and are writing to express our concern regarding one of our neighbors' plans. Jesse Collard, who lives to the east of us at 1426 - 64th, is requesting permission to build a new structure on his property. As this building would abut up against our property, we would like to voice our objections for the record. Our objections are in three areas: size, placement and usage. The structure as planned is approximately 900 square feet in size. The location of this would be very close to our property line and in a direct line of site from our 4-season sun porch. This building would actually be larger than Mr. Collard's house with connecting garage. As he stated at the recent hearing, his structure would be used as a storage unit for several large items in his yard, i.e. a boat, three-wheeler, etc. He has also stated that it will NOT be used as a garage for his cars or even on a day-to-day basis, thus exempting the need for a paved driveway leading to the unit. Currently, his car and truck do not fit in his attached garage and so they are always in his existing driveway. We have lived in Fridley for 30 years and always on our current site. Over the course of time, we have seen many changes in our neighborhood. Sixty-fourth avenue has grown in number of houses, and new families continue to come and go, the Collards among the most recent arrivals. Over half of the neighbors have lived here for as long as we have. Most of us know each other and say hello on a regular basis. The addition of new families however, has also seen the addition of more and more vehicles; cars, trucks, boats, and RV's. We have been told by realtors that because of the way our street looks with all the vehicles and additional structures, our property values are LESS than the houses on Arthur St. which is the cross street to the east of 64�' and less than one block away. � ' .�..y. • „ �F � . � Now, we have yet another building of enormous size being put up next to us. It won't even be obscured by trees or shrubs. It WILL be in plain sight of us at all times as most of our windows face that side of the house. This is not acceptable, from our point of view and the view of other neighbors on this side of the street. We would like to offer a compromise to this situation. Mr. Collard's structure could be built on the west side and rear half of his lot. This would place it behind a line of trees and out of sight of both street and neighbors. Since there is no need for a driveway, or day-to-day usage, there should be no additional cost or inconvenience. At the least, we believe that some kind of natural landscaping, such as trees or shrubs, should be done along the property line to help hide the proposed structure. Thank you for your consideration. We will attend the July 28 Council Meeting. Sincerely, �� Ju y and Mike Zerby 1400 64�' Ave. N E Fridley 763-571-5378 , f � ,i, �"!�lP:Q� y � . . . +th,.r il ��F .� . ' �, . M1'� . ','�, .":"'"°"'da.... ♦' _ +"""'a." - ' �; �.YM.�'':.�.� .. � �� ; ��c 4; � I �� :A:. .a',. �. .�,�� itr t� � � �,. '� � .. _" " "., '�, t � r, t' :#14+�►'i � v 2• � , ,�� s�,r'L ;.�1d ; i�� .�� . �- 4'a , . t'�. 7 �? � i�J. . f ,�,k.t +�/�`,�•y '��` t y W� � f � ,fi"F � i T n . 1 , �i, �;� 1 � 4' ' � ' a � � h ' . � 4'. S �. . �w .; i F . ,�' .' � ' ., I } '� � � j .j. �. 4 j.y.�.� � .y��M.l:, ; * . �, I / 1 ;+ ; ��, . �,�� . w , � �- �',! t.'. , v , � „ � !.,' � M �� I; ��a �,. �� M��E,��"+� � . �, � , � �,, � _ .t �4a� .. , rF:1 `� � . . � i �� , . ; �._. ' :� u 'yi' 1� ( ''� � �,r � Si � �•f � r � ! � `, ' r' ' �;�'� �� '�� '. �' M t t . . �� ' �,�� h . . . . }t . . ��,��.> . � . � _ � , � .� -_ � � ; ��, � � � �.t. — �'`1 ^� ° i ;� � � �� + `". , "a � ��t �-t ��,� , ' •� ��,�� ..2� � �y:. �,... � � t,,. � � .�1�f�a ' r _.,,�� ,n, ?�� , � f �� r .��.� � s:" # ��s'� �J. '� �� ''.�`� e�� fi�,�`y ' � '�"`"sf � , �. s � �',�.�.� �"�� .� � �r�.. � y , � '` , � ��.. �� — fF ,'�d��'a ��-- — , � . y �� - 3:"�,=r � � ti yb�. . ...�- . , � y �1 � �� {�� __� t �;� -• � .:19 Po<� � �t�': �� .{yl,�' K . F W �A 'R ��r � * ir� -M � �� J�. � ��iF r�q+." I �5 i� . zi � � :)4�. is ° ` ` . � 5 �L { . / i�vW,e . , S 'y'Yy�, � IT' N-�. , �, f,t. , . . , p :.e�i � : ,, i , ,` i �c, ' • '��I �,, ... ��. , ^ _ � K�• ��, �. � . � � .�X � f �.�� yt�F ' � �� I � � r �+ ' (� � tr � 'A ..�y .�� ..k. I,� , ,� _y, f �1H�,,1 „§, `, i . *,�;, ,: .�,.'. �� 7��"i7 ;.; Y J�'� �y'� � I �� . .. .. ,r_y`. _ p . ,' n� 7 . � , il� I . � ,w,�, ��,....t-��-�"'r_�:_"v'�d . '�,.,C^ _�. ��ty�� - e , . - " �,� _ �R ` ` A.� °S��k�,�� . .. �;' �� ;"€ "#� , � � AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 qTY OF FRIDLEY Date: July 23, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-12, Jesse Collard M-03-97 INTRODUCTION Jesse Collard is seeking a special use permit to allow the construction of a 994 square foot accessory structure in the side yard of his residence at 1426 64th Avenue. PLANNING COMMISSION RECOMMENDATION At the July 16, 2003, Planning Commission meeting, a public hearing was held for SP #03- 12. During the public hearing, the petitioner requested to have stipulation #1 changed regarding requiring a hard surface driveway because he strictly plans to use the proposed structure for storage. The Planning Commission recommended approval of special use permit, SP #03-12, with a change to stipulations #1 to read, "Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days." The other stipulations were approved as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. Petitioner shall obtain all necessary permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 41 � � 0 r � 4. Ali vehicies shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with a complementary siding and colo� scheme. 7. Petitioner shall remove storage shed in the rear yard of the property upon � completion of the proposed accessory structure. � 0 SP #03-12 REQUEST The petitioner, Jesse Collard is seeking a special use permit to allow the construction of a 994 square foot second accessory structure in the side yard of his property located at 1426 64th Avenue. The buiiding wili be used for storage of recreational vehicles and lawn equipment. ANALYSIS The property is locate�! on 64`h Avenue, east of Central Avenue, with the home being "squared up" to and fronting on 64th Avenue. The property is zoned R-1, Single Family as are all surrounding properties. The existing home was built prior to 1949 and the existing single stall garage was built in 1949. There were additions to the home in 1960 and 1978. A building permit was issued in 2002, to allow the construction of a deck. Existing home and attached single car garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing one-stall garage is 245 square feet and the proposed accessory structure is 994 square feet. The total square footage of the existing garage and the proposed accessory structure are a total of 1,239 square feet, which is 161 square feet less than the total allowed by Code. The petitioner also has a small storage shed in the rear yard of his property, which will be removed upon completion of the proposed accessory structure. .. The proposed garage location meets ali setbacks and lot coverage requirements. City staff hasn't received any comments from neighboring property owners. Proposed Garage Location RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under speciai use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall install Code required hard surface extension of driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 7. Petitioner shall remove storage shed in the rear yard of the property upon completion of the proposed accessory structure. 45 ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2003 GTY OF FRIDLEY Date: July 23, 2003 � To: Williarr Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-14, Paridon Colstrom, 5750 Madison Street M-03-98 INTRODUCTION The petitioner, Paridon Colstrom, is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 34 feet to 7 feet to recognize an existing non-conformity at his residence at 5750 Madison Street. The recognition of this non-conformity will allow the existing shed in the rear yard to remain in its existing Iocation. APPEALS COMMISSION RECOMMENDATION At the July 9, 2003, Appeals Commission meeting, a public hearing was held for VAR #03- 14. After a brief discussion, the Appeals Commission recommended denial of VAR #03- 14, due to neighborhood concerns and lack of hardship. The Appeals Commission recommended that if the variance is granted, stipulation #2 be changed from 12 months to 6 months. THE MOTION CARRIED BY A 2 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of this request, with stipulations, as this variance simply recognizes an existing non-conformity. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The existing shed shall not be used as living area or a home occupation. 2. The gap in the screening fence along Jefferson Street shall be filled in using a matching board on board fencing material consistent with the existing fence within 6 months of approval of this variance request. 3. No parking shall occur off Jefferson Street, unless a hard surface driveway and parking area is first installed. . � 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The storage pod, cabinet and any other miscellaneous outdoor storage items shali be removed within 30 days of approval of this variance request. � City of Fridley Land Use Application VAR #03-14 July 9, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Paridon Colstrom 5750 Madison Street Fridley MN 55432 Requested Action: Variance reducing the rear yard setback on a double frontage lot for a detached accessory structure. Existing Zoning: R-1 (Single Family Residential) Location: 5750 Madison Street Size: 10,350 sq. ft. .24 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(4).((b)) requires that the setback for garages and accessory structures in the rear yard be the same as the front yard on double frontage lots. Zoning History: 1955 — Lot is platted. 1956 — House is built. 1964 — Garage is built. 1980 — Home destroyed by fire, a wrecking permit issued to tear down the house. 1980 — Rebuild house. 1981 — Deck is built. 2002 — Shed is built. Legal Description of Property: Lot 13, Block 8, Donnay's Lakeview Manor Public Utilities: Home is connected. Transportation: Madison Street provides access to residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Colstrom is seeking to reduce the rear yard setback on a double frontage (ot from 34 feet to 7 feet to recognize an existing non-conformity at 5750 Madison Street. SUMMARY OF HARDSHIP "In order to maintain better relations with my good neighbors and the City, l, Perry Colstrom, at the above address of 5750 Madison Street, request a variance for a storage building to keep my property presentable and free of lawn mower, snow blower, etc." - Perry Colstrom SUMMARY OF ANALYSIS Cify Staff recommends approval of this variance request. • This variance simply recognizes an existing non-conformity. CITY COUNCIL ACTIONI 60 DAY DATE City Council — July 28, 2003 60 Day — August 4, 2003 VAR #03-14 REQUEST The petitioner, Perry Colstrom, is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 34 feet to 7 feet to recognize an existing non-conformity at this residence at 5750 Madison Street. The recognition of this non-conformity will allow the existing shed in the rear yard to remain in its existing location. SUMMARY OF HAR�SHIP "ln order to maintain better relations with my good neighbors and the City, l, Perry Colstrom, at the above address of 5750 Madison Street, request a variance for a storage building to keep my property presentable and free of lawn mower, snow b/ower, etc." - Perry Colstrom ANALYSIS The property is located on and fronts on Madison Street. The original home was constructed in 1956 and was destroyed by fire in 1980. The petitioner then rebuilt the house in 1980 and received a variance to allow the house to be constructed on the same foundation, with a 2-foot cantilever, which reduced the f�ont yard setback from 35 feet to 33 feet. The existing garage was constructed in 1964. Existing home and attached garage Jefferson Street borders the property on the west side. Therefore, this property is considered to have a double frontage. City Code requires that properties with frontages on both sides of their lots need to meet front yard setback requirements for garages and .• 0 accessory structures located in their "rear yard." Therefore, the petitioner is applying for a variance to recognize the location of the existing shed that is located in the rear yard. The location of the structure is 7 feet from the west property line, instead of the required 34 feet, which is determined by setback-averaging requirements. In order to determine the setback for the "rear yard", the setback-averaging requirement would apply. Setback averaging applies when the setback of neighboring homes is greater than the minimum front yard setback. Then the setback for the new structure can be six (6) feet more or less of the average depth of the adjacent structures. The minimum setback is 25 feet. The existing detached garage is set back 40 feet from the western property line, which is along Jefferson Street. The adjacent detached garage to the north is set back at 40 feet and the adjacent detached garage to the south is set back at 40 feet. When you add/minus 6 feet, the setback options are 46 feet or 34 feet or any measurement between. Based on the code requirements, a setback of 34 feet is determined. Therefore, the petitioner is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 34 feet to 7 feet to recognize an existing non-conformity. Left — Photo shows gap in fence along Jefferson 5treet Right — Existing Shed The existing shed meets lot coverage and building size requirements. City staff has heard comments from neighboring property owners, who have had concerns about parking on the grass in the rear yard, and the lack of screening along Jefferson Street. Staff has also heard from those neighboring property owners that the petitioner is running a home occupation from his residence and the shed. They stated that electrical trucks pull up to the shed to load and unload materials at all times of the day. Staff has added stipulations to this variance request, which should alleviate these neighbors' concerns. RECOMMENDATIONS City Staff recommends approval of this request, with stipulations. • This variance simply recognizes an existing non-conformity. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached: 1. The existing shed shall not be used as living area or a home occupation. 50 2. The gap in the screening fence along Jefferson Street shail be filled in using a matching board on board fencing materiai consistent with the existing fence within 12 months of approval of this variance request. 3. No parking shall occur off Jefferson Street, unless a hard surface driveway and parking area is first installed. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The storage pod, cabinet and any other miscellaneous outdoor storage items shall be removed within 30 days of approval of this variance request. 51 CITY OF FRIDLEY APPEALS COMMISSION MEETING JULY 9, 2003 CALL TO ORDER: Chairperson Kuechle called the July 9, 2003, Appeals Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: �arry Kuechle, Sue Jackson, Ken Vos Members Absent: Blaine Jones, Gary Zinter Others Present: Stacy Stromberg, Planner Peridon Colstrom, 5750 Madison Street Daniel & Paula Babor, 5730 Jefferson Street NE Leona 8� Vicky Thompson, 5760 Madison Street NE Lowell & Grace Norton, 630 58`h Avenue NE Gordon Johnson, 611 58th Avenue NE PUBLIC HEARING: VARIANCE REQUEST, VAR #03-14, BY PARIDO_N_COLSTRONt Per Section 205.07.03.d.(4).((b)) of the Fridley Zoning Code, to reduce the rear yard setback on a double frontage lot from 34 feet to 7 feet to recognize an existing nonconformity on Lot 13, Block 8, Donnay's Lakeview Addition, generally located at 5750 Madison Street NE MOTION by Dr. Vos, seconded by Ms. Jackson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Stromberg stated the petitioner, Peridon Colstrom, is requesting a variance to reduce the rear yard setback of a double frontage lot from 34 feet to 7 feet to recognize an existing nonconformity at his residence at 5750 Madison Street. The recognition of this nonconformity will allow the existing shed in the rear yard to remain in its existing location. Ms. Stromberg stated the petitioner's Summary of Hardship states: "In order to maintain better relations with my good neighbors and the City, I, Perry Colstrom, at the above address of 5750 Madison Street, request a variance for a storage building to keep my property presentable and free of lawn mower, snow blower, etc." Ms. Stromberg stated the property is zoned R-1, single family, as are all surrounding properties. The home faces and is squared up to Madison Street. Jefferson Street borders the property on the west side; therefore, this property is considered to have a double frontage. City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structures located in their rear yards. Therefore, the petitioner is applying for a variance to recognize the location of the existing shed that is located in the rear yard. The location of the structure is 7 feet from the west property line instead of the required 34 feet which is determined by setback averaging requirements. Setback averaging requirements apply when a setback of neighboring homes is greater than the minimum front 52 APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 2 yard setback. Any setback of the new structure can be six (6) feet more of less of the average depth of the adjacent structures. The minimum setback is 25 feet. The subject property is setback at 40 feet and the adjacent garages to the north and south are both setback at 40 feet. When you add or minus 6 feet, the setback options are 34, 46, and any measurement in between. Based on the Code requirements, the setback of 34 feet is determined. Therefore, the petitioner is seeking a variance to reduce the rear yard setback on a double frontage lot from 34 feet to 7 feet to recognize an existing nonconformity. Ms. Stromberg stated neighboring property owners have concerns about parking on the grass in the rear yard and the lack of screening along Jefferson Street. Staff has also heard from these neighboring property owners that the petitioner is running a home occupation out of his residence and the shed. They stated that electrical trucks pull up to the shed to load and unload materials at all times of !he day. Staff has added stipufations to this variance request which should alleviate the neighbors' concerns. City staff recommends approval of this request with stipulations as this variance recognizes an existing nonconformity. If the variance is granted, staff recommends the following stipulations be attached: 1. The existing shed shall not be used as living area or a home occupation. 2. The gap in the screening fence along Jefferson Street shall be filled in using a matching board-on-board fencing material consistent with the existing fence within 12 months of approval of this variance request. 3. No parking shall occur off Jefferson Street unless a hard surface driveway and parking area is first installed. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The storage pod, cabinet and any other miscellaneous outdoor storage items shall be removed within 30 days of approval of this variance request. Mr. Kuechle asked if staff knew anything about the history of the shed as far as dates are concerned. Ms. Stromberg stated a building permit for the shed was issued in 2002. The building permit was issued in error. Dr. Vos asked the square footage of the shed. Ms. Stromberg stated the shed is 240 square feet; therefore, it did not require a special use permit. A special use permit is required for any structures over 240 square feet. Dr. Vos stated that in order for the shed to be in compliance without a variance, it would have to be 34 feet from the back property line and that would be approximately where the garage is. located. Ms. Stromberg stated the garage is 40 feet from the rear lot line. Dr. Vos stated he didn't believe there are any large trees where the shed is located and at 34 feet where the shed should be located. Ms. Stromberg replied that is correct. The petitioner, Mr. Peridon Colstrom, asked if the people who object to the variance would voic� their concerns first so he could get feedback and then perhaps speak after that. He had the slab for the shed poured in 1998. The man who poured the concrete went to the City to find out how far it had to be from the rear property line. No one really knew what the setback was. He 53 APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 3 had pulled a building permit in 1998, but because of insufficient funds to start the construction, that permit expired. He took out a second permit in 2002 at which time he finished the shed. Ms. Jackson asked him if he had any comments on the stipulations. Mr. Colstrom stated he agreed with the stipulations. He does plan to finish the fence. Ms. Jackson asked him about the first stipulation that the shed cannot be used as part of a home occupation. Mr. Colstrom stated he is not sure of the definition of a home occupation. He is self-employed. He owns a business, and his office is at his house and the State of Minnesota has his house listed as his office. He also has storage units on 49`h Avenue North and at Minnekahda Storage for storing materials. Ms. Jackson asked if the shed is used for p�operty related to his home or business. Mr. Colstrom stated it is a little bit of both. Ms. Jackson asked him whether he understood that the shed cannot be used for business property. Mr. Colstrom asked if he could use it for his hobby. Mr. Kuechle stated that they have not heard from the neighbors yet, but in discussions with City staff, the neighbors' concerns center around the traffic and the shed being used as part of a business. He did not think the Appeals Commission or City staff want to come down hard on people who have an occasional use, but from what they are hearing, this is probably on the other side of occasional use and they need to be concerned about that. Mr. Daniel Babor, 5730 Jefferson Street NE, read a letter that he and his wife, Paula, had submitted: "We oppose the approval of the applicanYs request for variance. These three structures, the newly-erected storage shed and the approximate 1,000 cubic foot conex container and the garage are apparently used to support the commercial activity known as Wire Rite Electric. In addition to the two storage facilities, there are numerous large pallets and miscellaneous items populating the backyard; all of which detract from the neighborhood's appearance and support the summation the residential property has been and is currently being used for commercial application and activities. Any persons can make these observations because the majority of the fence previously providing a boundary between the rear of the property and Jefferson Street has been removed (and has been removed for considerable period of time). Since the removal of the portion of the fence line vehicles use this makeshift way to utilize the property and the storage facilities to further facilitate and support the commercial activity in our residential community. The portion of Jefferson Street that runs along the rear of the applicant's property is narrower than most normal residential streets and not adequate nor designed to support a commercial enterprise. The growing use of the unpaved ungated, and I believe, unapproved access way to the rear of the property is of a growing public and vehicular safety and zoning concern. Though we can suppose the disapproval of the applicant's request for variance may cause a business imposition and have negative financial impact, we vote to keep 54 APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 4 our neighborhood as a residentiai community for the heath, safety, and enjoyment of our family and not to condone or support its commercialization. Mr. Babor stated when they moved into the house about five years ago, the petitioner had already had the slab poured and it was newly poured. They didn't notice various issues that had to do with the property, but the increase in regularity of vehicles, especially on Jefferson Street, is a big concern to them. Their house looks directly into the back of Mr. Colstrom's house. The shed is a good thing. The yard did get better picked up but there are still quite a few commercial products in the yard. The rear yard is used as a driveway loading area which is unpaved and ungated. They do realize that if the variance is not approved, it will be an imposition to Mr. Colstrom, but they do not want the variance approved. Mr. Kuechle asked Mr. Sabor about the stipulations. Mr. Babor stated his issue is not the stipulations. lt is the enforcement. Ms. Leona Thompson, 5760 Madison Street NE, stated she lives right next door to Mr. Colstrom. About 10 years ago, her late husband wanted to put an extension on their garage and they could not get it because of the street (Jefferson) in the back. She was told by City staff just about a week ago that according to Mr. Colstrom's survey, the Ciry did not know that Jefferson was a street. Yet, she was told ten years ago that they couldn't extend their garage. Why was she told her yard was a double frontage lot, and the City told her that his yard was not? She wanted to do the extension and was told it had to be 39 feet and she could go down to 25 feet, and now she is being told it can't go down to 25 feet. As far as the shed, she has no complaints against the shed itself, but is she going to be able to put an extension onto her garage? Mr. Kuechle stated the purpose of the Appeals Commission is to address these kinds of issues: Double frontage lots are really unique situations because he believed most people living on double frontage lots, unless they have actually been made aware of this particular zoning ordinance, think that they have a front yard and a back yard and the back yard just happens to have a street next to it. However, from time to time, the zoning laws change so what may have been the case when Ms. Thompson made her request may have changed. For example, he doesn't know exactly what changes have been made in the double fronted lot, but the setback for single-fronted lots was changed not too long ago. If Ms. Thompson wants to add onto her garage, she should request a variance. He could not say exactly without looking at her situation if she would get it or not, but the purpose of this Commission and City Council is to address those issues which present a hardship. People with double frontage lots do have a hardship. Ms. Paula Babor, 5750 Jefferson Street NE, stated the stipulations are okay if the stipulations are enforced. However, she believes the 12 months for the replacement of the fence is too long. Mr. Kuechle agreed and stated he would propose that stipulation be changed to probably six months. Mr. Colstrom stated the neighbors all have valid concerns, and he wants to accommodate them. He plans on finishing and painting the fence. There is no reason he can't have that fence completed within six months. As far as the traffic, his employees like to stop by and get their paychecks and they do pick up materials and stuff like that. A lot of times he will buy something special for a job, and when they show up, he gives it to them, rather than having them wait at the city desk or wait to fill the order. Ms. Jackson asked if Mr. Colstrom filled in that fence, would there still be a driveway and parking area? 55 APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 5 Mr. Colstrom replied he would put a gate on it. Originally he had set it up for a 12-foot wide gate, but he doesn't think he would go that wide. He had to cut part of the fence down so they could put that storage pod back there while they were redoing the garage, and that pod will probably be out of there within a week. Ms. Jackson asked if Mr. Colstrom understands that he needs a hard surface driveway and parking area. Mr. Colstrom replied City staff explained that to him. As far a the wood and pallets in the back yard, they are being used to make a deck and pond as a place to relax. It will look real nice. Dr. Vos asked about th� high roof line in the shed. Mr. Colstrom replied originally when he reroofed the garage, he talked the Building Inspector as he was thinking of putting a storage unit on top of the garage for room to do his hobbies. The Building Inspector explained the height requirements for the garage. Because his garage has a high concrete base on the back and low on the front, you take the average which is 14 feet. He asked if he could build his storage unit that high and was told he could. Now he has more storage. Mr. Kuechle asked if there have been a lot of code calls to this property. Ms. Stromberg stated they have had a lot of code enfo�cement issues with the property and have done two abatements over the last five years. Ms. Jackson asked the definition of "abatement." Ms. Stromberg explained that it is when the City hires a contractor to get rid of outdoor storage materials in order to bring the property into compliance with the zoning code. The property owner is billed for the work. MOTION by Dr. Vos, seconded by Ms. Jackson, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:57 P.M. Ms. Jackson stated this is a difficult request for the reason that a building permit was issued which should have never been issued. There is a place to put the shed within the guidelines, closer to the garage, but in light of the history of the property and the concerns of the neighbors, she would have to vote against the variance. Dr. Vos stated there is no hardship, and the shed could have been located according to code. Economics is not a hardship, and a mistake by the City is not a hardship, so he, too, would vote against the variance. Mr. Kuechle stated he disagreed. Although economics is not a particular sufficient hardship, in this case, he believed the petitioner, in good faith, applied for a building permit and was given a building permit twice in error. He doesn't think there is any evidence whatsoever that Mr. Colstrom has attempted to deceive the City in terms of getting those building permits. In a way, he believes the petitioner is being victimized by an error that was made by the City, and he also believes that if it were not for the issues with the neighbors, the Commission would probably approve the variance. He looks at the variance request and the code issues as really two separate issues. There is the issue of whether there is sufficient reason to grant him a variance 56 APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 6 for an existing building, and he believes there is. He believes the Code issues are separate and need to be enforced separately, and so he would recommend approval. Ms. Stromberg asked if Mr. Kuechle wanted to change stipulation #2. Dr. Vos suggested that stipulation #2 be changed to say that the fence shall be completed within 6 months rather than 12. It's not a big area. With this change, stipulation #2 would read: "The gap in the screening fence along Jefferson Street shall be filled in using a matching board- on-board fencing material consistent with the existing fence within 6 months of approval of this variance request. Ms. Jackson asked if he would be interested in making that a non-gated fence? Dr. Vos replied that seems restrictive. He believed it should be a gate that is closed. MOTION by Ms. Jackson, seconded by Dr. Vos, to recommend denial of variance request, VAR #03-14 by Paridon Colstrom , to reduce the rear yard setback on a double frontage lot from 34 feet to 7 feet to recognize an existing nonconformiry on Lot 13, Block 8, Donnay's Lakeview Addition, generally focated at 5750 Madison Street NE. UPON A VOICE VOTE, JACKSON AND VOS VOTING AYE, KUECHLE VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this will go to the City Council for the final decision on July 28. Respectfully submitted, Denise M. Letendre Recording Secretary rJ�T � a ar7r oF FRIDLEY AGENDA ITEM COUNCIL MEETING OF JULY 28, 2003 TO: WILLIAM W. BURNS, CITY MANAGER �`� �1`� FRONI: SUBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR RESOLUTION TO LEVY TAXES IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER July 23, 2003 Attached is a resolution that is being provided to the City Council in anticipation of the election process that will occur this fall. A few years ago, the City Charter was modified to place a limit on the amount of annual increase that could be levied in taxes. It identifies an index by which the annual increase in tax levy is measured. Due to severe reductions to state aids, resulting from the last legislative session, sweeping changes were recommended to the 2004 City Budget. One of those changes was to eliminate the programming at the Springbrook Nature Center. There are a number of people that would like to see the administration, programming, and maintenance for the Nature Center continue and would be willing to pay additional tax dollars for it. To levy the needed taxes for the Nature Center, it would require us to use the process identified in the charter to levy the additional funding. With this resolution we would be following the stipulations outlined under section 7.02.02 regarding levying a tax in excess of the limit provided for under 7.02.01. We will be guided by the following timeline. July 25, 2003 Notice of Public Hearing sent to Focus July 28, 2003 Adopt a resolution declaring necessity for additional tax levy and specifyin� purpose of le vy. July 31, 2003 Publish Notice of Public Hearing (City Charter requirement) August 7, 2403 Publish Notice of Public Hearing (City Charter requirement) Au�ust 25, 2003 Publish Notice of Public Hearing (City Charter requirement) August 25, 2003 Hold Public Hearing August 25, 2003 Adopt a resohrtion calling for an Election and Ballot Question (resolution must be adopted by at a 4/5's vote). August 25, 2003 Adopt a Preliminary Tax Levy for 20(k� Augu.st 25, 2003 Adopt a Preliminary Budget for 2004 November 4, 2003 ELECTION — Levy shall only take effect with 51% of the votes cast in favor. : 7-28-2003 Resolution to Levy Ta�Yes for Springbrook On August 25`h' the Preliminary Ta�Y Levy will be presented to the City Council with the additional $275,000 included in the total tax levy. The "Truth in Taxation" process requires the Preliminary Tax Levy be approved by September 15`h. The Final Ta�c Levy cannot be increased beyond this amount, but it can be reduced when the final levy is certified in December. If the ballot question fails in the election process, the resolution for the Final Tax Levy would then be reduced in the amount of $275,000. RDP/me Attachment � RESOLUTION NO. - 2003 A RESOLL�TION DECLARING THE NECESSITY TO LEVY A TAX WHICH IS Ii�i EXCESS OF THE INFLATION.ARY INDEX FOR TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA FOR COLLECTIO�T WI�REAS, Chapter Seven, Section 7.02 of the Charter of the Ciry of Fridley, grants the City the power to raise money by taxation pursuant to the laws �f the State of Minnesota; and WHEREAS, said Section 7.02 of the Ciry Charter provides that if the taxes levied against property within the City exceed th� inflationary index as provided under 7.02.41, that the Council shall adopt a resolurion showing the necessity for such tax; and WHEREAS, the State of Minnesota has severely reduced the amount of state aid dollars it previously distributed to cities, and WHEREAS, the City of Fridley in reaction to the cuts in state aids, has found the need to levy additional taxes for the sole purpose of maintaining the adrninistration, progrunming and maintenance at the Springbrook Nature Center; and WHEREAS, the City of Fridley needs to levy taxes which will be a continuing permanent levy in the amount of $275,000 in e:�cess of the indexed levy allowed by charter; and NOW THEI2EFORE BE TT RESOLVED that the City Council of the City of Fridiey pursuant to three (3) weeks published notice and public hearing on the 25th day of August, 2003, shall have the authority to levy a tax which exceeds the indexed annual amount by �275,000 which shall also be indexed by that same provision as outlined in 7.02.01; and BE IT FtTRTHER RESOLVED that the City of Fridley certify to the County of Anoka, State of Minnesota, a tax levy to be levied in 2003 for the year 20U4 which exceeds the indexed levy allowed by Charter. PASSED AND ADOPTED BY TI� CTTY COUNCII. OF THE CITY OF F�ZIDLEY THIS 2gT" DAY OF AUGUST, 2003. � ATTEST: Debra A. Skogen, City Clerk .1 Scott J. Lund, Mayor a , � . � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF JULY 28, 2003 FRIDLEY INFORMAL STATUS REPORTS 61