PL 06/03/1987 - 6916CITY OF FRIDLEY
NING C0141dI5SI0N 11[ETING, MAY 20, 1987
CALL TO ORDER:
Chairperson Billings called the I1ay 20, 1937, Planning Cormiission meeting to
order at 7:35 p.m.
ROLL CALL:
tienbers Presenf: Steve 6illings, David Kondrick, Dean Saba, Sue Slierek,
Donald 6etzold, Richard Svanda
�1enbers Absent: IJone
Otliers Present: Jir�i Robinson, Planning Coordinator
Jock Robertson, Community Develapment Director
Y.en Bureau, 5630 W. Danube Rd.
Ray ldormsbecker, 2809 +iampshire Ave. tJ.
Richard Narris, 6200 Riverview Terrace
APPROVAL OF 11AY b, 19fi7, PLANWI��G C01�1�4ISSIOPJ MIIJUTES:
P10TION by 11r. Y.ondrick, seconded by F1r. Betzold, to approve the 11ay 6, 1987,
Planning Comrnission ninutes as written.
Upun a voice vote, all voting aye, Chairperson 6illings declared the motion
carrie�i unanimously.
IDEf2ATI0I� OF A PRELI�4IPIARY PLAT, P.S. �II7-04, KE��'S
IJI MUU111VIY� UI I�LI\ UUf�L/lV VI 1\VJLI\VVV I LI\I1LJ�
Qeing a replat of that part of Lot 5, Revised Auditor's Sut,division IJo. 77,
Anoka County, tlinnesota, lying easterly of the following described line:
Corrn�encing at the intersection of the center line of Osborne Roaci, as now
la�d o��t, with the easterly right-of-uray line of taorthern Pacific Railroad;
thence northeasterly along said center line of Osborne Road, 436.5 feet to
the point of beginning of the line to be described, said centerline has an
assumed bearing of tJorth 51 degrees 3 minutes 20 seconds east; thence �Jorth
15 degrees, 40 minutes 0 seconds west, a distance of 436.5 feet; thence
north 18 degrees, 5 r�inutes 56 seconds west, a distance of 561.73 feet, to
its intersection with the north line of said Lot 5 and there terminating.
Except that part taken for 77th Avenue and t4ain 5treet. Also that part of
the ��orthvrest 1/4 of Section 11, Too-rnship 30, Range 24, Anoka County,
Minnesota, lying nortVierly of Osborne Road and westerly of t1ain 5treet.
Generally located south of 77th Avenue, west of 14ain Street and north of
Osborne Road.
MOTIOt� by I1s. Sherek, seconded by �9r. Y.ondrick, to waive the formal reading
of the public hearing notice and to open the public hearing.
Upon a voice vote, all voting aye, Chairperson Billinas declared the motion
carried unaninously and the public hearing open at 7:36 p.r�.
PLANNIIJG C01111ISSIOW MEETING, MAY 20, 1987
Mr. Robinson stated this involved a plat of approximately 9 acres located '"'
on I�lain St. bet�ieen 77th Ave. N.E. and Osborne Road. The project was for an
office/a+arehouse type facility which included two buildings--one building at
49,200 sy. ft. and one building at 63,270 sq. ft. for a total square footage
for both buildings of 113,000. This type of facility required a special use
permit which was item 2 in the agenda.
P4r. Robinson stated that as far as the plat, the petitioner was being
asked to plat because of a lengthy legal description left from the sub-
division of the Johnson Printing Co. and also due to the fact that the property
lines presently go out to the center lines of the road.
Mr. Robinson stated Staff was reconmending the following stipulations:
l. Park fee of approximately $8,937 to be paid prior to recording plat.
(exact amount equals sq. ft, x.023)
2. Developer to supply a ten foot bikeway/walkway easement along Osborne;
subject to St. Paul Water Works concurrence.
3. Provide additional right-of-way (25 foot triangles) at the corners of
Osborne Road and �1ain Street and 77th Avenue and Iiain Street.
Mr. Ro6inson stated he had other comments, but he would address those under
the special use permit.
P10TION by Mr. Betzold, seconded by Mr. Saba, to close the public hearing.
Upon a voice vote, all voting aye, Chairperson Billings declared the public
lieariny closed at 7:39 p.m.
MOTIOtJ by t1r. Betzold, seconded by Mr. Saba, to recommend to City Council
approval of preliiainary plat, P.S. #87-04, Ken's lst Addition, by Ken Gureau
of Rosewood Properties, Inc., with the following stipulations:
1. Park fee of approximately �a8,937 to be paid prior to
recording plat (exact arnount equals sq. ft. x.023).
2. Developer to supply a ten foot bikeway/walkway easement along
Osborne Road, subject to St. Paul Water lJorks concurrence.
3. Provide additional right-of-way (25 foot triangles) at the
corners of Osborne Road and 11ain Stree± and 77th Avenue and
t1ai n Street.
Upon a voice vote, all voting aye, Chairperson Billings declared tlie
motion carried unanimously.
tISSION NEETING, P1AY 20, 1987
2. PU4LIC_ HEARING: CONSIDERATIOt� OF A SPECIAL USE PERIIIT, SP #87-09
PAGE 3
f�1_I� UVI\Ll1V v�
Per Section 205.18. , C, , o t e Fri ey City Code to allow offices
not associated with a principal use on that part of Lot 5, Revised Auditor's Su
Subdivision Wo. 77, Anoka County, t9innesota, lying easterly of the follow-
ing described line: Corarnencing at the intersection of the center line of
Osborne Road, as now laid out, with the easterly right-of-way line of
Northern Pacific Railroad; thence northeasterly along said center line of
Os6orne Road, 436.5 feet to the point of beginning of the line to be
described, said centerline has an assumed bearing of north 51 degrees
3 r�inutes 20 seconds east, thence north 15 degrees, 40 minutes 0 seconds
west, a Jistance of 436.5 feet, thence north 18 de9rees 5 minutes 56 seconds
west, a �listance of 561.73 feet, to its intersection with the north line of
said Lot 5, and there terminating. Except that part taken for 77th Avenue
and t4ain Street. Also that part of the Northwest Quarter of Section 11,
To�•mship 30, Range 24, Anoka County, �linnesota, lying northerly of Osborne
Road and westerly of �tain Street. Generally located south of 77th Avenue,
west of 11ain Street and north of Osborne Road.
140TION by �1r. Kondrick, seconded by t1r. Svanda, to waive the formal reading
of ttie public hearing notice and to open the public hearing.
Upon a voice vote, all voting aye, Chairperson Qillings declared the motion
carried unanimously and the public hearing open at 7:42 p.m.
Mr. Robinson stated this property was zoned h1-2, heavy industrial, arid was
surrounded by other M-2 except for the Marquette E3ank and the old Cub food
building which were zoned commercial. The special use permit was for office
not associated with principal use in an industrial zone. The two buildin9s,
as mentioned earlier, would equal 113,000 sq. ft., vihich was 29% lot coverage,
less tfian the 4Q;o allrnrted. The speculative ratio for parkin9 associated with
a building of this type for properties over 1z acres 4Jd5 1 stalY for every
500 sq. ft. of floor area. This would require 226 parking stalls for this
project. The drawin9s presently sho�aed 212 stalls which was a deficit of 14
stalls. One of the stipulations addressed the parking needed to meet code.
Mr. Robinson stated Staff has been working extensively with the developer
and his consultant in defining the architecture and landscape elements.
Mr. Robinson stated Staff was recommending the following stipulations:
1. Developer to supply the city tenant type and building area calculations
prior to each occupancy to monitor usage and parking supply. Parking
need, by code, not to exceed supply.
Provide at least one stall per 500 sq. ft. of building floor area to
meet code. Al1 stalls to be ten feet wide, except handicapped to be
12 feet wide.
IP111ISSION I�IEETIPIG, MRY 20, 1
3. Developer to construct facades as illustrated on original elevations with
recessed entries, brick corbel7ing over signage band and brick columns
in front of entries as shown.
4. Grading plan to provide for berming, at least two feet above curb, alonq
all right-of-ways, to screen parking. Provide revised plan by June 9, 1987.
5. Shrubbery to be planted at the top and street side of berms; add notation
to landscape plan.
6. Refine landscape plan with additional shrubbery and increased shrub sizes
by June 9, 1987.
7. Provide five-eight foot hi9h spruce trees on extreme southwest corner
of site to screen loading area from Osborne Road; add to planting plan by
June 9, 1987.
8. Provide detailed foundation planting plans with trees and shrubs to break
up architectural mass by June 9, 1987.
9. All green areas to have automatic sprinkling.
10. All durnpsters to be located inside buildings or in enclosed masonry
structure.
11. Provide for steel posts adjacent to loading doors to protect building.
12. All roof top equipment to be screened fron view from right-of-ways.
13. Provide a comprehensive sign plan by June 9, 1987.
14. Provide evidence of St. Paul Water Works approval for all �aork in
easenent prior to Council approval.
15. Provide a comprehensive lighting plan by June 9, 1987.
16. No overhead doors facing any right-of-ways.
Mr. Ken Qureau stated Rose�aood Properties has been in business for 20 years.
Over those 20 years, they have built everything from office/warehouse, office
buildings, apartments, small shopping centers. Their headquarters for the
past 15 years has been in Roseville. They manage everything they build. There
are a few buildings they have sold off to an investor 5-1D years later, but in
most cases, they have managed everything they have ever built. They are not
a company that builds a building, keeps it a couple of years, then sells it
off and doesn't worry about it anymore.
Mr. Bureau stated they own buildinas in size from 30-40,000 sq. ft. of office
building in Bloomington to the largest one they have which is the Soo Line
headquarters in downtown 1linneapolis. They have done everythinn fror� new
construction to restoration. They did the Renaissance Square restoration at
5tii & fJicollet in Minneapolis.
SIOIJ PiEETING, t1AY
PAGE 5
Mr. Bureau stated they have built in Monticello, Ne��i Hope, Bloomington,
and Roseville, Minnesota, and also Arizona and Tampa and St. Petersburg,
Florida.
Mr. Bureau stated they build quality products, and they pick good locations.
Tf�ey feel the site and tfie demographics in Fridley are right for this project.
Mr. Bureau stated the buildings would be brick buildings with burnished block.
The buildings were long and narrow, and the reason for this building design
was becsuse there was a need, especially in Fridley, for smaller businesses
that need a mixture of office and warehouse and that want the 60-90 feet depttis.
He stated the day of the large deep buildings, except for large users, ha6
pretty much gone by the wayside.
Mr. Bureau stated tfie building �ias designed so they could have a cor�hination
office/warehouse 60 ft. and 90 ft. depths, and cover the property in such a
t�1ay tfiat most of the office would face exterior streets. The buildin9s will
be built with a lot of flexibility for the different tenants.
Mr. Bureau stated they have access to the site on Osborne and Main Street
and 77th St. so there should not be congestion in any one location. He stated
they would also have a series of retention ponds.
Mr. Billings asked t1r. Bureau if he was in agreer�ent with the stipulations
as outlined by Staff.
Mr. Bureau stated he was in agreernent with all the stipulations.
Mr. Dick Harris, 6200 Riverview Terrace, stated he was an adjoining property
owner and he had several questions and concerns. He stated it appeared to him
with all the development in the area, that the intersection at �1ain Street
and Osborne Road was be�oming increasingly overloaded. Trying to get on
Osborne P.oad or across Osborne Road at any time of the day was taking your
life in your hands. He stated he understood this was not the developer's
problem, but it was a problem the City should address. He was happy to see
another development on this particular parcel, but he thought the City better
stop and take a good look at this intersection and make some deterriination
on how to handle the traffic and the additional traffic fron this new proposed
development.
Mr. Harris asked if these buildings would be taxed as commercial or as M-2
industrial.
Mr. Robinson stated he had had an extensive discussion with l.eon 1ladsen,
City Assessor, about the issue of commercial versus industrial, especially
with tfiese types of buildin9s that are partially commercial in an industrial
zone. It was 14r. tladsen's feeling that the zoning classification in and of
itself did not carry the weight in terms of deterriining the tax, but rather
it was the quality of the building, the expense of the construction, and the
location that determined the tax.
PLANNIf�G COMt1ISSI0�d MEETING, MAY 20
Mr. Bureau stated his company owns property all over the Twin Cities and �
basically it was the market value the assessor puts on the property, and that
has something to do viith what the building is worth, the do7lars per square
foot times 43% times the mill rate. So, office, commercial, warehouse have
been taxes at the same formula all over the Twin Cities for the past 20 years.
Mr. Harris stated if they are going to go vrith office/warehouse type of
operations, perhaps the zoning code should be changed. As he remembered the
definition in the zoning code, in M-1 and 14-2 industrial zoning, the office
was incidental to the.manufacturing or warehouse. In commercial zoning, the
opposite was true, that the warehouse was incidental to the office or retail.
He felt the zoning code has really been stretched. They city has stretched
the zoning code a long way for businesses such as Wickes and Plywood Minnesota
anci busiriess centers vrhich shouid probably:have a different zoning.
Mr. Narris stated he also thought they were really stretching the special use
permit to allow the office/warehouse type of uses in industrial zoning, and
he did not think the special use permit was a good way to do it. lie felt it
was unfair to the developer, to the city, and to the rest of the developers
in the city because they really do not know where they are at.
Mr. Robinson stated Staff was doing sone research right nai on the zoning
code and have talked to a lot of other cities. Other cities are facing the
same problem. because tfiere is not a lot of demand for manufacturing space
anymore. Some of the cities do not have any distinction between manufacturing
and commercial. Others allo�i up to a certain percentage for office either as
accessory uses or with special use perMits.
Mr. Bureau stated he thought what the City had to look at aras what has
developed as a market. There was not a need for the industrial market in
the Fridley area, nor in the o-ihole Twin Cities area. The need was for light
industrial. They are going for high tech operations--the need for some
office, some warehouse, and some showroom, and this type of operation allovis
them to be very flexible in brin9in9 people into the Fridley market. He
stated they cannot do that with the single operation warehouse anymore.
He stated there was nothing wrong .with the City's code. Industrial zoning
for this type of operation was all right; it was just that the terminolo9y
of industrial has changed. There used to be warehouses that were nothin9
but metal sheds. Now they are talking about attractive, expensive, well-
landscaped buildings, and that was the change.
Mr. Robinson stated an improvement for widening Osborne between East River
Road and Main Street was planned for either this year or next year.
Mr. Billings stated maybe Staff should have some traffic counts ready for
the City Council meeting. Ne stated the concerns expressed by f1r. Harris
were valid concerns, and he would like Staff to have some answers to those
concerns for the City Council meeting.
f�1r. Kondrick stated he agreed with Mr. Harris that the intersection was a
hassle, and getting across Osborne by Marquette Bank was getting more and more
difficult. He stated the people who will ultimately rent fror� �1r. Bureau
are going to be interested in this traffic situation, too.
I+IEETING, D1AY 20
PAGE 7
Mr. Robinson stated the City already has sor�e traffic counts, but along with
the presentation to City Council, Staff could be better versed on the design
and improvements to Osborne before the City Council meeti�g.
Mr. Bureau stated maybe the Planning Commission should request that a study
be done for putting a light at hlain Street and Osborne. Something had to be
done for the area, and he would be agreeable to helping pay assessments for
the light.
Mr. Harris stated the problem was that the intersection was too close to the
ligYits on University and Osborne, and that the distance did not fall within
the regulations of the Hinnesota Nighway Dept. to be able to put a light there.
But, he felt strongly that something had to be done as the traffic situation
was only 9oing to get worse.
f40TI0N by 14r. Kondrick, seconded by Mr. Svanda, to close the public hearing.
Upon a voice vote, all voting aye, Chairperson Billings declared the public
hearing closed at 8:29 p.m.
Mr. Robinson stated he would also recommend that the folloo�ing stipulations
be added:
17. Al1 boulevard landscaping and irrigation be installed prior to the
occupancy of tiie tirst building.
18. Performance bond or letter of credit equal to 3°� construction value
be submitted prior to a building permit.
Mr. Bureau stated he was in agreement with those stipulations also.
MOTION by Mr. Betzold, seconded by Mr. Saba, to recommend to City Council
ti_fe approval of Special Use Permit, SP #87-09, by Ken Bureau of Rosewood
Properties, Inc., with the following stipulations:
1. Developer to supply to City tenant type and building area
calculations prior to each occupancy to monitor usage and
parking supply. Parking need, by Code, not to exceed supply.
2. Provide at least one stall per 500 sq. ft. of building floor
area to meet Code. All stalls to be ten feet wide, except
handicapped to be twelve feet wide.
3. Developer to construct facades as illustrated on original
elevations with recessed entries, brick corbelling over si9nage
band and brick columns in front of entries as shown.
4. Grading plan to provide for berming, at least two feet above
curb, along all rigf�t-of-ways, to screen parking. Provide
revised plan by June 9, 1987.
5. Shrubbery to be planted at the top and street side of berms;
add notation to landscape plan.
6. Refine landscape plan with additional shrubbery and increased
shrub sizes by June 9, 1987.
PLANNI(JG CO
7.
8.
9.
10.
ON MEETIi�
Provide five-eight foot high spruce trees on extreme southwest
corner of site to screen loading area from Osborne Road; add to
planting plan by June 9, 1987.
Provide detailed foundation planting plans arith trees and shrubs
to break up architectural mass by June 9, 1987.
All green areas to have automatic sprinkling.
All dumpsters to be located inside buildings or in enclosed
masonry structure.
11. Provide for steel posts adjacent to loading doors to protect
building.
12. All roof top equipment to be screened from view from right-of-ways.
13. Provide a comprehensive sign plan by June 9, 1987.
14. Provide evidence of St. Paul Water lJorks approval for all work in
easement prior to Council approval.
15. Provide a comprehensive lighting plan by June
16. No overhead doors facing any right-of-ways.
17. Al1 boulevards, landscapin9, and irrigation to
prior to the occupancy of the first building.
18. Perfornance bond or letter of credit equal to
value be submitted prior to a building permit.
9, 1987.
be installed
3% construction
Upon a voice vote, all voting aye, Chairperson Billings declared the motion
carried unanimously.
Pir. Robinson stated the Special Use Permit could go to the City Council on
June 1, but since the City Council has to set a public hearing for the plat
on June 1, both the plat and the special use permit will go to the City
Council on June 15; however, the plat will not be approved until the July 6, 1987
City Council meeting.
Mr. Robinson stated the plat was being done at the request of the City to
clean up the legal descriptions and to convert the easements to right-of-way.
The key element here was that the petitioner was not subdivieling the land,
just cleaning up the legal description. Therefore, the special use permit
could be approved on June 15, 1987 prior to formal plat approval,
I�Ir. Bureau stated he could build without the plat, so he was not �•lorried
about that; but it was important to know if the special use permit �ras goin�
to be approved before he could move ahead with the project.
MOTIOfd by Mr. Betzold, seconded by Mr. Kondrick, to reconmend to i:ity Council
that the Special Use Permit, SP �87-09 be considered separately from the plat
and that the City Council consider approval or disapproval of the special use
permit on its own merits at the June 15th City Council meeting.
Upon a voice vote, all voting aye, Chairperson Billings declared the motion
carried unanimously.
SSIOW MEETING, t4AY 20, 1987 PAGE 9
3. RECEIVE APRIL 28, 1987, EhJEP,GY COMMISSI�N MINUTES:
MOTION by Mr. Saba, seconded by Mr. Betzold, to receive the April 28, 1987,
Energy Commission minutes.
Upon a voice vote,all voting aye, Chairperson Qillings declared the motion
carried unanimously.
4, RECEIVE 11AY 4, 1987, PARY.S & RECREATION COt1P4I5SI0N MINUTES:
MOTION by t1r. Kondrick, seconded by t9r. Svanda, to receive the ttay 4, 1987,
a� rks-� Recreation Canmission minutes.
Upon a voice vote, all voting aye, Chairperson Billings declared the motion
carried unanimously.
5. RECEIVE 11AV 12, 1987, APPEALS COi1�4ISSI0�� MIPlUTES:
MOTION by Mr. Eetzold, seconded by Mr. Kondrick, to receive the �1ay 12, 1987,
Appeals Commission minutes.
Upon a voice vote, all voting aye, Chairperson Billings declared the motion
carried unanimously
6. OTHER 6USINESS:
P1r. Billings stated the next Planning Cor.imission meeting was June 3, but
the second meeting �ias scheduled for June l7th which was the same night as
the 49er's Day parade. He would suggest they change the meeting from
June 17 to June 24.
MOTIOIJ by Mr. Betzold, seconded by Ms. Sherek, to change the meetinn date
from June 17th to June 24th.
Upon a voice vote, all voting aye, Chairperson Billings declared the motion
carried unanimously.
ADJOURIIP•1EfJT:
t40TI01J by IQr. Betzold, seconded by Mr. Saba, to adjourn the meeting. Upon a
voice vote, all voting aye, Chairperson Billings declared the t4ay �, 19s37,
Planning Cormiission meeting adjourned at 9:00 p.m.
Respectfully submitted,
c � ;�, ��
Lyn Saba
Recording Secretary
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HIBLIC HFARING
BEFORE �IE
fi,ANNING QJMMISSION
Notice is herelx given tl�at there will be a Public Hearing of the Planning
Commission of the City of Fridle� in the City Hall at 6431 University Avenue
Northeast on We�esday, Jime 3, 1987 in the Council CY�anber at 7:30 p.m for
the piupose of:
Consideration of a Special Use Permit, SP #87-10, by
Jerome and Janet D7eyer, per Section 205.07.1, C, 1 of the
Fridle� City Code, to allow a second accessory building
on Lot 15, Hlock 3, Melody Manor 4th Addition, the same
being 7531 Lyric Lane N.E.
Ary and all persons desiring to be heard shall be given an opportunity at the
above stated time and place.
S�IE BILLINGS
QIAIRt�F:N
I3,ANNING Q�MMISSION
publish: May 18, 1987
May 25, 1987
la
SP #87-10
Jerome and Janet Meyer
Unity Hospital
550 Osborne Road N.E.
Fridley, M[v 55432
Orbin Mayer
7545 Lyric Lane N.E.
Fridley, �II�i 55432
Kathleen Shocinski
7539 Lyric Lane N.E.
Fridley, D'A1 55432
Linda Dunn
7535 Lyric Lane N.E.
Fridley, MN 55432
Jerott� Meyer
7531 Lyric Lane N.E.
Fridley, MN 55432
Gazy Piiller
7527 Lyric Lane N.E.
Fridley, NIf7 55432
Daniel Pilarski
7523 Lyric Lane N.E.
Fridley, MN 55432
Frank Gams
7517 Lyric Lane N.E.
Fridley, MN 55432
Glen Byl
7513 Lyric Lane N.E.
Fridley, MN 55432
Arthur Langlais
7508 Te-nq�o Terrace N.E.
Fridley, MN 55432
Kenneth Bourdeaux
7512 Tenq�o Terrace N.E.
Fridley, D7N 55432
Robert Reber
7516 Tet[gx� Terrace N.E.
Fridley, MN 55432
D7ay 15, 1987
Planning --_
Council
MAILII3G LISP
Thanas Zit�mertnan
7518 Te�o Terrace N.E.
Fridley, P'IN 55432
Ronald Kloyda
7522 Tempo Terrace N.E.
Fridley, DSN 55432
Brian Erickson
7524 Ter�o Terrace N.E.
Fridley, NA1 55432
Alvin Overlie
7528 Tei�o Terrace N.E.
Fridley, NAI 55432
Nkzraan Orfali
7525 Te�o Terrace N.E.
Fridley, MN 55432
Loren Mayer
7523 Te�o Terrace N.E.
Fridley, PSN 55432
James Bruce
7519 Te�o Terrace N,E.
Fridley, MN 55432
Stanley McCulloch
7517 Tempo Terrace N.E.
Fridley, MN 55432
Charles Heid
7513 Tenq�o Terrace N.E.
Fridley, NI.N 55432
:
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GTY OF FRIDLI
4
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`Pt�OPERTY INFORMATION u-�� ` "�_�
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pROPERTY ADLRFSS �710 Universitv Avenue�
x.,
I,�AL DESQ2IPP�T: . North 160 Feet �' excep
LOT ` 4 ^ BTACR 2 �/ADDITIDDI _E
PRESFNT ZO[JIl� � C-3 A�tFl�
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SPECIAL USE PERMIT BEING APELIE� FUR: ` Autom<
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* : : * * * * +� * : � : * * * * * #'s : • * : � � +r
, FEE.OWNER INFORMATION rv '�
� �=
p,q[�g f Robert 8. Schroer
� k `..'�,�' ����y; „Y�,3:�ri�Et..�-:�v.A.�k.<,�'xu�'� .r.,f"�': .*�, ` �',..
� A�3 7620 Universitv Avenue N.E.. Frid]
;et of
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re�s t50.400 sa. ft.)
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HiONE # �71-6620
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' Note to 'Contract Purchasers; Fee t s a
•*::*f�f*�e*****t**�t,Pk �ii�r•�, �
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4 PETITIONER INFORMATION �:
.:: . ;
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� James Benson & Greaory Bradbury `� ;
� � ;�s _ �
�xtv�ocee �.����A MonAolannhn n'vpmse.�?Sufte 137.�`2
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__pA(xIE # 542-9907
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HJBLIC HFARING
BEFURE 7HE
PI,ANNINC; Q�MMISSION
Notice is hereby given that there will be a Public Hearing of the Planning
Commission o£ the City of Fridley in the City Hall at 6431 Lhiiversity Avenue
Northeast on We�esday, Jime 3, 1987 in the Cotmcil Ch�nber at 7:30 p.m. for
the purpose of:
Consideration of a Special Use Permit, SP #87-11, by J.
Henson and G. Bradbury, per Section 205.15.1, C, 4 of the
Fridle� City Code, to alla�r a repair garage on Lot 4,
Block 2, East Ranch Estates Second Addition, the same
being 7710 University Avenue N.E.
Any and all persons desiring to be heard shall be given an opportimity at the
above stated time and glace.
STEUE BILLINGS
QiAIR!•F�N
pL,ANTIING O�[�4ff5SI0N
Puhlish: May 18, 1987
May 25, 1987
2A
SP �M87-11
SAV #87-04
L.S. #87-04
Benson/Bradbury
Bob's Procluce
RQbert Schroer
7620 University Avenue N.E.
Fridley, NL^1 55432
P9alni�erg's Nursery
7616 University Avenue ^I.E.
Fridley, MN 55432
Flaaer Cit�
7618 University Avenue N.E.
Fridley, D'iN 55932
University Station
Gary Braam
7610 University Avenue N.E.
Fridley, MN 55932
P9asquette State Bank
5250 Central Avenue N.E.
Colurbia Heights, NL^1 55421
Marquette State Barilc
225 Osborne Road N.E.
Fridley, NL^7 55432
R�C Fridley Limited Partnership
7685 Main Street N.E.
Fridley, MN 55432
RF�C Fridley Limited Partnership
530 Parkland Place, 1660 South
Minneapolis, D'II�1 55416
Hinrich's Properties
220 - 77th AvPnue
Dlinneapolis, MN 55442
Barbee Conq�any
E 47ayzata Boulevard
Wayzata, NID1 55391
Roland Benjamin
7810 University Avenue N.E.
Fridley, r�7 55432
hlachining Inc.
77'3 Ranchers Rflad N.E.
Fridley, MD7 55432
Planning 5f�87 2�
Council
A7pII,ZNG LIST
p and K Properties
5920 Kirkwoocl Lane N.
Minneapolis, MN 55442
Resident
7793 Ranchers 12oad N.E.
Fridley, MN 55432
Resident
7703 Ranchers Road N.E.
Fridley, MN 55432
Resident
7733 Ranchers Road N.£.
Fridley, r1N 55432
Ind, Mplded Rubber Products
7855 Ranchers Road N.E.
Fridley, MN 55432
Pitzen Enterprises
3628 Connolly
Arden Hills, tIDI 55112
Twm Crier
7730 University Avenue N.E.
Fridley, MN 55432
Fridley Develop. Inc.
1018 Pioneer Building
St. Paul, MN 55101
Capp Ploclel Hares
7710 University Avenue N.E.
Fridley, MN 55432
Wagon Creek InvestJrents
7701 f7ain Street Pv'.E.
Fridley, MId 55432
Kennedy Transmission
7700 University Avenue h.E.
Fridley, MN 55432
Kenneth Niebuhr
7501 Hyde Park Drive
Minneapolis, A'II�i 55435
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� CITY OF FRIDLEY
6431 UNIVERSITY AVE. N.E.
0 FRtOLEY, MN 554SZ
(612i571-3450
3
LOT SPLIT FORM L.S. t��-Oy
• �� . •a•
-�. a. 1 o-. ; c,i. !,. a i � • i�r � � • —
. I � �I
9QiEI;ULID CITY Q�[INCII, MEEfING I�1TE:
PROPERTY INFORMATION
ADI�tFSS; 7710 University Avenue N E. and westerlY land
L�AL DESQ2IPPION: See attached
� 3&4 gt,p(g 2 �(�/pDDITD� East Ranch Estates Second Addition
PRFSFNT ZCNING C-3
REASCN fUR LOT SPLIT: A sketch of the property and the proposed lot sglit with arr�
existing structures shown should acam�ny t2�is apglication.
Parcel "B" to be combined aith Parcel "D" for a larqer retail site.
t * : • * • * • * t ,r • * * * * * * * * • �e s • * r � * • �e * * * * * * * * • � * *
FEE OWNER INFORMATION - see Attachea.
�� Robert H. Schroer
pp�g� 7620 University Avenue N.E.� Fridley,
pgp� ; 571-6620
� 55432
szcxazvx$ r� •�.y� n�� `1// ,3 /yr7
Note to Contract Purchasers; �'e� �1wne�s*m�s� �i�n*f*rm �r*o* *o*p*o*e�ss�n�.* * * *
* t * * * � t * * * * * * * * *
PETITIONER INFORMATION
pp� James Benson & Gregory Bradbury pi.�p� � 542-9907
Ap� _620 Mende
f s * � * ,� * * * t * * t t * * * *
�r.t�ru��c oor�ussmx : aP�twtn _
QTY O�UN(;IL :
STIFULATIDNS:
. .... >�
Suite 13'7. M
• * * * * �
lis. MN. 55
�
* � t t * s * * * * : * * : *
� a ��� . �
ra �w �•
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C�TY OF
FRIDLEY
3n
CIVIC CFNTER •(.331 UNIVERSITY AVE. N.E. FRIDLEI'. �1INNF,SOTA 55432 � PHONE f6I2) 971-3450
May 18, 1987
� WHOI! IT PYiY C10NCERN:
The City of Fridle� Planning Caiursssion will be holding an infors�al hearing
on a re�uest for a Lot Split, L.S. #87-04, b� J. Benson and G. Bradbury, to
split off psrts of Lot 3 and 4, Block 2, East Ranch Estates 2nd Addition, to
create three Fsroels to be added to e�cisting tax psrcels, generally located
at 7710 University Avenue N.E.
Anyone who wi:hes to be heard shall be given the opportunity at the Planning
Comrrdssion meeting on Wed�esday, J�e 3, 1987 in the Council Chanber of City
H�11 at 6431 University Avenue N.E, at 7:30 p.m.
SP�E BILLZNGS
QiA1RNYjN
PLANNING Q�MEIISSIOtr'
Pi�ng 5/is/s� 3B
SP #87-11 Council
SAV #87-04
L.S. #87-04 MAILING LIST
Benson/Bra�ury
Bob's Procluce
Robert Schroer
7620 University Avenue N.E.
Fridley, MN 55432
Malmberg's Nursery
7616 University Avenue N.E.
Fridley, MN 55432
Flaaer City
7618 University Avenue N.E.
Fridley, MN 55432
University Station
Gary Braam
7610 University Avenue N.E.
Fridley, MN 55432
P7azquette State Bank
5250 Central Avenue N.E.
Columbia Heights, [�7 55421
Marquette State Bank
225 Osborne Road N.E.
Fridley, MN 55432
REXC Fridley Limit� Partnership
7685 Main Street N.E.
Fridley, MN 55432
REL.0 Fridley Limited Partnership
530 Parkland Place, i660 South
Minneapolis, r'Ild 55416
Hinrich's Properties
220 - 77th Avenue
Minneapolis, MN 55442
Barbee CompanY
E 47ayzata Boulevard
Wayzata, MN 55391
Roland Benjamin
7810 University Avenue N.E.
Fridley, NII�7 55432
P7achining Znc.
7773 Ranchers Road N.E.
Fridley, MN 55432
P and K Properties
5920 Kirkwood Iane N.
Minneapolis, MN 55442
Resident
7793 Ranchers Road N.E.
Fridley, MN 55432
Resident
7703 Ranchers Rnad N.E.
Fridley, MN 55432
Resident
7733 Ranchers Road N.E.
Fridley, PIN 55432
Ind. Molded Rubber Products
7855 Ranchers Road N.E.
Fridley, MN 55432
Pitzen Entexprises
3628 Connolly
Arden Hills, t'II�7 55112
Taan Crier
7730 University Avenue N.E.
Fridley, MN 55432
Fridley Develop. Inc.
1018 Pioneer Building
St. Paul, MN 55101
Capp Mo3e1 Hrnies
7710 University Avenue N.E,
Fridley, MN 55432
Wagon Creek Investrrents
7701 P7ain Street N.E.
Fridley, MN 55432
Kennedy Transmission
7700 University Avenue N.E.
Fridley, MN 55432
Kenneth Niebuhr
7501 Hyde Park Drive
Minneapolis, r'II�7 55435
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C17Y OF FRIDLEr
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MN b54S2
(612)571-34b0
REZONING REGIUEST ZOA t
VACATION REGIUEST SAV �b�y051
PLATTING REQUEST P.S. f
R$2UFST F£E /JQ PARK FEE RE�IFP #�-410 y�
sa�m�,m A.rsn.n�c o�r�assroN r�ern�c n�z�e��lhC 3a 1 QP�
SQIFLLJLID CITY O�UNC7L MEEl'ING I]4TE .
PROPERTY INFORMATION
PROPF.itTY ADIRFSS 7710 University Avenue N.E.
Lf�AL DES(StIPPION: The north 160' except the west 115'
IAT�_ $IACR 2 7RACP/ADDITION East Ranch Estates Second Addition
PRESFNT ZCNING C-
R$�UESTm ZGNING N/A
RFpSQ1 �R R$2UF5'P: A site glan showing the pro�sed future use is required for all
rPZ oning.
Vacation of utility easement and relocation of existing 8" sanitary
GP�Pr line toqether with appropriate new easements
r*�**,�*r**��******:*******r*�***�*****r*********�***�*�**********+�****+�*********r**
FEE OWNER INFORMATION
NAME (please print) Robert H. Schroer pHq�g # 571-6620
ADIItESS 7620 Un
., Fridlev, MN 55432
SIGNANRE .°v:-t��'�+�'� LY�TE %�� `I �� i�
�
*�k***** ��**�*�*i*,�**�**���t,�*�*��'�', ��,F�,c�°,��*,��+�'t��',��, �**��****,%i*r*��**�,t*�,t,r**,tr
PETITIONER INFORMATION
NAFE (please print) James Benson and gjpNg
Gregory eradbury
AI�RFSS _52Q_Menc3el.a�hn_ Avenue� #1371�'Sin.peapc
***.*�*******,*****
592-9907
MN 55427
S -y-�17
*********,***�*********,***«**
� .. i � • ••;. a. .� �r� .•
.MYM ��.1�.M�
STII�I�ATIONS:
f:�i•' �/a� � a. Y�� �• y�
May 18, 1987
7t� WF30M IT tN;Y QONCERN:
4R
The City of Fridle� Planning Commission wi11 be holding an informal hearing
on a request for a Vacation, SAV #87-04, by J. Benson and G. Bradbury, to
vacate easements on Lot 4, Block 2, East Ranch Estates Second Addition,
described as follaas: (1) A 20 foot drainage and utility easement w er the
Y7est 20 feet of the East 183 feet of the North 160 feet and (2) The East half
of the 30 foot street and utility easement lying west of the East 200 Yeet of
the North 160 feet, generally located at 7710 University Avenue N.E.
Anyone who wishes to be rieard shall be given the opport�ity at the Planning
Commission meeting on Wedzesday, Jime 3, 1987 in the Council Ch�r of City
Hall at 6431 Ihiiversity Avenue N.E. at 7:30 p.m.
SPEUE BII,LINGS
(I3AIRrF+N
x�IIVC wru,ussioN
SP #87-11
SAV #87-04
L.S. N87-04
Benson/Bradbury
Bab's Produce
Rnbert Schrcer
7620 University Avenue N.E.
Fridley, MN 55432
I•7a]lrberg's b'ursery
7616 University Avenue N.E.
Fridley, MN 55432
Flv�.�er City
7618 University Avenue N.E,
Fridley, D'ID1 55432
University Station
Gary Braam
7610 University Avenue N.E.
Fridley, MN 55432
r7an�uette State Bank
5250 Central Avenue N.E.
Coliurbia Heights, MN 55421
Maxquette State Bank
225 Osborne Road N.E.
Fridley, MN 55432
RFS.0 Fridley Liunite3 Partnership
7685 bfain Street N.E.
Fridley, NIN 55432
REX,� Fridley Limited Partnership
530 Parkland Place, 1660 South
rSinneapolis, r'II�7 55416
Hinrich's Properties
220 - 77th Avenue
Minneaoolis, MN 55442
Bv�bee Co�qx�ny
E 4:ayzata Boulevard
Wayzata, MN 55391
Roland Benjamin
7810 University Avenue N.E.
Fridley, MN 55432
Diachining Inc.
77'3 Ranchers Rflad N.E.
Fridley, NiN 55432
Planning 5/18/87 �B
Council
MAII,ING LISf
p and K Properties
5920 Kirkwood 7�ane N.
Minneapolis, MN 55442
Resident
7793 Ranchers Road N.E.
Fridley, MN 55432
Resident
7703 Ranchers Road N.E.
Fridley, MN 55432
Resident
7733 Ranchers Road N.E.
Fridley, DRd 55432
Ind, Mplded RuUber Products
7855 Ranchers Road N.E.
Fridley, MN 55432
Pit2en �terprises
3628 Connolly
Arde� Hills, DSN 55112
Taan Crier
7730 University Avenue N.E.
Fridley, MN 55432
Fridley Devel�. Inc.
1018 Pioneer Building
St. Paul, MN 55101
Capp Model Hcmes
7710 University Avenue N.E.
Fridley, MN 55432
Wagon Creek Investments
7701 Main Street N.E.
Fridley, MN 55432
Kennedy Transmission
7700 University Avenue N.E.
Fridley, MN 55432
Kenneth Niebuhr
7501 Hyde Park Drive
Minneapolis, DIN 55435
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PLANNING G�OMFIISSION MEETING
City of Fridley
A G E N D A
WECd�IFSLI�Y, JUNE 3, 1987 7:30 P.M.
Location: Council Chanber (upper level)
___��-�-�'� -
'� _ �-
••,� - i �!,uW • 4� �1l4� ul:_ � ' 1
nrmrrr j�aRTjq(',• C�ISIDERATION OF A SPECIAL U5E PERMIT
GP #87-10 BY J�fE ADID Ji�NEf MEYER' .... . ,
Per Section 205.07.1, C, 1 of the Fridley City Code, to
allaa a seoond accessory building on Lot 15, Block 3,
Melody Manor 4th Addition, the same being 7531 Lyric Lane
N. E.
PAGES
1 - 1F
Ptmrr� �G• OONSIDERATION OF A SPECIAL USE PERMIT
�#$7-11 BY 3 BENSON AbID G BRADBi7RY•. . .. .., 2- 2H
i�r Section 205.15.1, C, 4 of the Fridley City Code, to
allow a repair garage on Lot 4, Block 2, East Ranch
Estates Seoond Addition, the same being 7710 University
Avenue N. E.
c'nTiG�ERATION OF A LOT SPLIT L S #87-04 BY J BENSON
ADID G. BRADB[JF(Si: . . . . . . . . .
Split off parts of Lot 3 and 4, Block 2, East Ranch
Estates 2nd P,ddition, to create three g3rcels to be added
to existing tax parcels, generally located at 7710
University Avenue N.E.
OONSIDERATION OF A VACATION. SAV #87-04. BY J. BENSON ADID
S�. BRADBUAi • . . . . . . . . . . . . . . . . . . . . .
To vacate easements on Lot 4, Block 2, East Ranch Estates
Sewnd Addition, described as follaas: (1) A 20 foot
drainage and utility easement over the West 20 feet of
the East 183 feet of the North 160 feet and (2) The East
half af the 30 foot street and utility easement lying
west of the East 200 feet of the North 160 feet,
ger�erally located at 7710 University Avenue N.E.
. . 3 - 3F
. . . 4 - 4E
RECEIVING THE MINUTES OF THE MAY 26. 1987 APPEALS
OJMNIISSION MEETING . . . . . . . . . . . . . . . . . . . . . .
OTHER BUSINFSS:
YES�AW (At Meeting)
CITY OF FP,IDLEY
APPEALS C0�111ISSION M[ETIIIG, 14AY 26, 1987
CALL TO ORDER:
Chairperson Betzold called the t1ay 26, 1987, Appeals Connission meeting to order
at 7:32 p.n.
ROLL CALL:
t4enbers Present: Donald Qetzold, Alex Barna, Jerry Sherel:, Diane Savage,
Kenneth Vos
Menbers Absent: Idone
Others Presenf Darrel Clark, City of Fridley
Joe ftaertens, 144 River Edge Way
Richard & Jayne Franta, 6251 Rainbow Dr. fJ.E.
Tom & Jenny Riley, 2501 - 13th Terrace N.W., New Brighton
Pat & 11ike Serie, 1531 Woodside Court
Willard & Verna Bolling, 6241 Rainbow Dr. M.E.
Richard Harris, 6200 Riverview Terrace
Jim Sackrison, Belt Line Construction
Gene O��czarcak, Elo [ngineering
APPROVAL OF 1111Y 12, 1987, APPEALS COH(tISSIOf� 11INUTFS:
1�10TIOf! by 11r. [3arna, seconded by Mr. Sherel;, to approve the t1ay 12, 1937,
Appeals Corxaission minutes ti��ith the folloriing amendmeirt under f1enbers Present:
"Sue Sherek" should be changed to 'Verry Sherek".
UPOW A VOICE VOTE, ALL VOTIiJG AYE, CHAIRPERSON BETZOLD DECLAR[D TNE F10TIOtJ
CARRIED UNAtJIMOUSLY.
1
IdOTIOI� by 11s. Sava9e, seconded by Dr. Vos, to open the public hearinq.
Upon a voice vote, all votinn aye, Chairperson Betzold declared the public
hearing open at 7:34 p.m.
Chairperson Betzold read the Administrative Staff Report:
APPEALS C011MISSION MEETII�G, MAY 26, 1987 PAGE 2
ADMINI57RATIVE STAFF REPORT
SOUTH Of 83RD AVENUE AF�D WEST OF U�JIVERISTY AVENUE N.E.
VAR #87-17
PUQLIC PURPOSE SERUED 6Y REQUIREMENT:
Section 205.18.3, D, 4a, requires that whenever any industrial district
is adjacent to a residential district, permitted buildings and uses
shall not be less closer to a street right-of-way line than 100 feet.
The public purpose served by this requirement is to avoid congestion in
the public street, traffic hazards, and other dangers, and to protect
and conserve the character of any adjoining neighborhoods and futi�re
neighborhoods in the same vicinity.
STATED HARDSHIP:
"A 100 foot setback on 33rd was imposed when the land north of 83rd was
rezoned residential."
C. Recently the City Council rezoned a 21-acre site, north of 83rd and
east of the Nature Center, from M-2, heavy industrial, to R-3, multiple
fanily dwellings. This cfiange created a need for a 100 foot setback
fro� 83rd for the now proposed P1-2 buildings to the south of 83rd.
The proposal by 11-B Properti.es includes three office/warehouse buildings
of brick and block with extensive landscapinn and loading door screening
walls. Due to the quality of considerations of the office/warehouse
proposal, the set6ack variances should not pose a proble� for the apart-
ment cor�plex.
Staff is working out specific landscaping and screening plans along with
tfie pending Special Use Permit application.
Mr. Clark stated the petitioner intended to build three buildings in three
phases on the three lots. The time schedule proposed o-ras for Phase I building
this summer, Pirase II 6uilding would depend upon the occupancy rate of Phase I
within 3-5 years frt�m now, and Phase III building would begin when Phase I and
Phase II were completed. He stated landscaping was ba�ing addr2ssed with the
Planning Departr�ent, and the perimeter would be heavily landscaped so that the
apartment complex would probably not be able to s�e much of the congestion
created by the industrial buildings.
Mr. Clark stated there was a special use permit before the Planning Commission
on May 20 for the use of office/warehouse in all three buildings. This was
approved by the Planning Commission.
Ms. Savage stated that in the Administrative Staff Report, it stated: "Due
to the quality of considerations of the office/warehouse proposal, the setbacl:
variances should not pose a problem for the apartment complex." lJhat did that
mean?
,
APPFALS COIlt4ISSI0N MEETIWG, HAY 26, 1987 PAGE 3
Mr. Clark stated he did not write that, but he thought it meant that the
architectural exterior of the buildings were such that it did not look like
a plain old warehouse. The buildings would be well constructed brick build-
ings with a low profile.
Mr. Bob Fiaertens stated he did purchase the land before the property across
the street was rezoned. These were relatively small lots, about 200 ft.
deep , and 100 ft. setbacks on Phase I and Phase II would cause a severe loss
of property. As he understood it, a 100 ft. setback was intended on Main St. when
industrial was across fron residential; but in this case, the apartment
complex was coraing into an already zoned industrial area, and he did not
tfiink the 100 ft. setback was appropriate in this case.
t1r. Clark stated Phase II and Phase III would not be done in the first year,
and variances usually expire after one year, at �vhich time the petitioner
has to come in for a renewal. Since the petitioner was pretty sure that
Pliase II would be within 3-5 years and Phase III after that, he would recommend
that if the Appeals Commission recor�mends approval of the variances that they
also recommend that the variances be approved for a period of five years, and
then at the end of five years, if the buildings are not finished, the petitioner
would have to come back to tYie City for a renewal.
t1r. t1aertens stated he realized that variances expire after one year, and
that was fine if the City decided to extend those variances. He just wanted
, the City to 90 on record that it had no objections to this development.
Mr. 6etzold asked Mr. I�laertens to briefly describe his developr�ent plans.
Mr. Plaertens stated that rather than call it office/warehouse space, they
prefer to ca;l it office service space, because he thought the modern office/
warehouse building space was designed differently than, for example, most of
the buildings presently alonq Ptain Street. Architecturally speaking, there
were some pretty coarse-looking buildings along there. His buildings were
more along the lines of the East River Road Business Center, more attractive,
higher quality buildings. _
Mr. Richard Harris, 6200 Riverview Terrace, stated he owned Block 7, Onaway,
and Block 5, East Ranch Estates. He stated again this was another business
center in an industrial zoning, and he had expressed his objections to that
at the May 20th Planning Commission r�eeting, in that the City was circur�venting
the zoning code with special use permits and "sleight of hand"
Mr. Harris asked if this property was in the tax increment district.
Mr. Maertens stated it was not, and he was not receiving any public financing.
t1r. Harris stated he thought �1r. �4aertens had a valid point, tbat the City
should have taken his property into consideration when the rezoned the 22
acres to the north of it residential. He stated Mr. Maertens should not have
even had to apply for variances.
APPEALS COFI�4ISSION MEETING MAY 26 1987 PAGF 4
Mr. Barna stated he agreed. He thought Mr. �4aertens' property and the
property to the east had been taken into consideration before that rezoning
took place. He knew it was addressed in discussions at the Appeals Commission
meeting.
P10TIOtJ by Mr. Barna, seconded by Ms. Savage, to close the public hearing.
Upon a voice vote, all voting aye, Chairperson Betzold declared the public
hearing closed at 7:49 p.m,
Pir. Barna stated that he had made the assumption that when the .Appeals
Commission approved the variances for the apartr�ent complex that the industrial
zoned property and the general business zoned properties already in existence
would not be affected with the normal setbacks being increased, So, he was
extremely surprised to see this come before the Appeals Commission. Personally,
he felt that the zoni�� was after the fact. The City knew this property would
be developed either industrial or conmercial before the apartment complex
rezoning went through. This property should not be penalized for a change in
a zoning in the area.
Mr. Sherek stated he agreed. The administratively imposed hardship was
obvious. He would be in favor of recommending approval of the variances.
Ms. Savage also agreed.
P1r. Betzold stated that as pointed out by Mr. Qarna, it vias fairly obvious
there was a hardship. The intent of the code was being met by the heavy
landscaping to screen the two areas. He stated it looked like a good project.
MOTION by Mr. Barna, seconded by Dr. Vos, to recommend to City Council
approval of variance requests, VAR #87-17, by M-B Properties, v�ith the
recommendation that due to the scheduling of development that the variances
be extended for a period of five years.
Upon a voice vote, all voting aye, Chairperson Betzold declared the motion
carried unanimously.
Mr. Betzold stated this item would go to City Counci7 on June 15.
2. COt�SIDERATION OF VARI
R#87-18. BY RICHARD AND JAYf�E
MOTION by P•1r. Barna, seconded by �1r. Sherek, to open the public hearing.
Upon a voice vote, all voting aye, Chairperson Betzold declared the public
hearing open at 7:51 p.m.
Chairperson 6etzold read the Administrative Staff Report:
�
.
APPEALS COIIPIISSIO�d MEETING �1AY 26 1987 PAGE 5
AD�1INISTRATIVE STAFF REPORT
6251 RAI��BOW DRIUE N.E.
VAR #87-18
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.3, D, 2a, requires a side yard setback of 10 feet
between any living area and side property lines.
Public purpose served by this requirement is to maintain a minimum
of 20 feet beto�een living areas in adjacent structures and 15 feet
between garages and living areas in adjacent structures to reduce
exposure to confla9ration of fire. It is also to allow for aestheti-
cally pleasing open areas around residential structures.
B. STATED HARDSI.iIP:
(Please see Exhibit A for a�escription of the hardship.)
C. AD11It�ISTRATIVE STAFF REVIE41:
The petitioners are proposin9 to build an addition to their existing
house. The proposed additior would extend to within approximately
two feet of the side lot line due to the fact that this lot line cuts
across at an angle. The petitioner desires this location for the
addition so that it lines up with the rest of the house.
If the Board approves this request, staff has no stipulations to
recommend.
Mr. Clark stated that if the variance was approved, he would add a stipulation
that the new west wall of the addition be one-hour fire-rated and no openings
in that wall, at least until the wall gets behind the house to the west.
Mr. Clark stated the corner of the petitioner's house and the edge of the
neighbor's house (to the west) in the front was 23 ft. and 19-20 ft.
between the rear corners of botli houses. The petitioner would like to add
14 ft. off the back keeping the straight line of the house. He stated part
of the problem was the petitioner's house �aas built only 5 ft. from the lot
line in the rear. He was not sure of the reason for that, but there had been
a surveying error in other parts of Sylvan Hills so that might have been the
reason in this case also.
Mr. Clark stated that in the agenda, the petitioner had drawn t!�e plan for
the proposed addition he would like. lie had also drawn two alternatives--one
to put the bedroom and bath off the back of the house but ten feet over which
was a less desireable alternative and one to put the bedroom and bath on the
second floor which was probably not too economically feasible.
PAr. Franta stated they presently have a three bedroom house. They have
three children--2 sons and 1 daughter, One son is retarded and is presently
APPEALS C011�1ISSION NEETING �1AY 26 1987 PAGE 6
sharing a bedroom with the other son. As a result, the other son has his
belongings, school books, school projects, etc., crushed and broken by the
retarded son. They need to add on another bedroom so the retarded son can
have his belongings in an open environnent. So, the primary hardship was to
get another bedroom for the other son.
Mr. Franta stated they could add on without a variance by moving the addition
over 10 feet. By doing that, it would block the kitchen window and basement
wi�dow and cut out the ventilation to the basement. It would also change the
master bedroom and bath into separate bedrooms and a landlocked bathroon
wl�ich o-rould not be connected to either of the bedrooms. It was his opinion
that a bathroom in the middle that was not connecteA to any bedroom would be
more of a detriment to the house and would decrease the value of the house.
He felt adding on in the middle would break the house up into segments and
would occupy too much space in hallways.
Ms. Franta stated their retarded son was 7 years old, but acted about the age
of a t�+o-year-old. He would not progress much past a 3-4 year-old. She stated
he needed constant supervision and care. He was a walker but did not talk.
Ms.Savage asked about the alternative of adding the bedroom and bath on the
second floor.
Mr. Franta stated that adding on the second floor would require significant
more pipiiig and ducting to get heating and for the bathroom. It would require
tearing out some of the existing walls. It would also cost significantly nore
to add on on tlie second floor.
Mr. lJillard Qolling, 6241 Rainbow Drive,
the west. He wanted to know if the wall
the lot line or the eaves.
stated he was the property owner to
of the addition would be 2 ft. from
Mr. Franta stated the wall of the addition would be 2 ft. from the lot line,
so the eaves would be quite close to the lot line.
I•ir. Sherek stated that Mr. Clark had nentioned a surveying error in this
neighborhood. Had I1r. Franta gotten a recent survey before proposing this
addition?
F1r. Franta stated he had not, but would get a survey done before any
construction. •
t4r. 6etzold asked Mr. & Mrs. Qolling if they could faresee the possibility of
adding on to the east end of their house in the back ar�d if they had any
objection to the addition as proposed by Mr. Franta.
Mr. Qolling stated that as far as they were concerned, they had no need to
add onto the house. He did not know what a future owner might want to do.
As far as he and his wife were concerned, they did not object to the addition.
e
APPEALS COt1R1I5SI0t� PIEETIfIG, t1AY 26, 1987 PAGE 7
Mr. Betzold stated that even though 11r. & �1rs. Bolling did not object to the
addition, it did concern him that a future owner might want to build on
the back towards the Franta's house. If this variance was approved, the
Coemission would have to deny any future variance request because of the
congested area already.
MOTIOP� by t1r. Barna, seconded by Ms. Savage, to close the public hearing.
Upon a voice vote, all voting aye, Chairperson Betzold declared the public
hearing closed at 3:08 p.m.
Mr. Barna stated he did not like to see an addition with a jog in the wall;
yet, he also did not like to see a wallcoming so close to the property line.
With the proposed 2 ft. from the lot line aiith a 24 inch overhang, it would
put the overliang on the lot line or over the lot line.
Dr. Vos stated he had sone real concerns o�ith getting this close to a lot
line a�ith any structure. Lookiag out the dining room windows from the
neighbors to the west,tfie proposed bedroom would look like it was in their
back yard. fle just felt tViere was another creative way of getting this kind
of space but over another 6-8 ft. He was already uncomfortable with the
existin9 5 ft. at the back corner of tlie house.
Mr. Sherek stated he had the same concerns. Also, he was very concerned
about a"zero" clearai�ce; and without a current survey, they are not really
sure if the property line was right.
!1s. Savage stated she synpathized with the petitioner's problems and there
was obviously a need for an addition. She also could understand vahy the
petitioner wanted to huitd the addition in the location he had proposed,
but she shared the sarie concerns expressed by the other Commissioners in
bringing the additi€�rr so elose to the property line.
tdr. Betzold stated he felt all the Commissioners were very sympathetic to
the petitioner's situation, but they also had a mandate they had to follow
that tliere had to be sonething unique about the property that would make it
a I�ardship to go along with the code. He did not think the hardship was
quite as defined as it needed to be. In any event, he would definitely like
tliis to go on to the City Council as the Appeals Corrrnission was very uncom-
fortable about any kind of structure being so close to the property line.
MOTION by t4s. Savage to send variance request, VAR #87-18, by Richard and
aJ yne Franta, on to the City Council without a recommendation.
MOTION DIED FOR LACK OF A SECOPJD.
Mr. Barna stated he would like to recommend that the Cormiission recommend
approval of a variance from 10 ft. to 5 ft. There �ias already the need for
a 5 ft, variance, because the house was already only 5 ft. fror� the property
line. It would mean moving the addition over to the east 5 ft., and the eaves
would not be any closer to the lot line than the existing eaves are.
APPEALS COFiMIS5I0N t1EE7ING, MAY 26, 1987 PAGE 8
�
MOTIOW by Mr. Barna, seconded by I�Ir. Sherek, to recommend to City Council approval
of variance request, VAR �87-18, by Richard and Jane Franta, pursuant to
Chapter 205.07.03, D, 2a, of the Fridley City Code to reduce the required
side yard setback from 10 feet to 5 feet, to allow the construction of
additional living space on Lot 2, Block 2, Sylvan Hills Addition, the same
being 6251 Rainbovr Drive N.E., Fridley, Minnesota, with the following
stipulations:
1. 7here be no openings in the west wall of the addition that would
be closer than 20 ft. from the existing structure to the west.
2. A certified land survey be obtained before the issuance of a
building permit.
Upon a voice vote, Barna, Sherek, Savage, and Uos voting aye, Betzold voting
nay, Chairperson Betzold declared the motion carried.
�•1r. Betzold stated th;s iten would go to City Council on �une 15.
MOTION by t1r. Barna, seconded by t1r. Sherek, to open the public hearing.
Upon a voice vote, all voting aye, Chairperson Qetzold declared the public
hearing open at 8:23 p.m.
Cliairperson Qetzold read the Administrative Staff Report:
AIX1INISTRATIVE STAFF REPORT
1531 LJOODSIDE COURT N.E.
VAR �87-19
A. PUaLIC PURPOSE SERVED BY REQUIREIIEPJ7:
Section 205.07.03. D, 3a, requires a rear yard setback of not less
than 25 feet.
Public purpose served by this requirement is to provide rear yard
space to be used for green areas which enhance the neighborhood.
B. STATED HARDSHIP:
"After ny husband was diagnosed with leukemia, we decided to build
the porch to avoid bug bites which will result in an infection.
He died in h1ay 18, 1985."
APPEALS C0141ISSION f1EETING, �9AY 26 1987 PAGE 9
C. AD�1It�ISTR{�TIVE STAFF REVIEW:
The petitioner added a porch onto the rear of their dwelling without
first obtainin9 a building permit. The porch extends to within
approximately 14 feet of the rear property line. City Code calls for
a minimum of 25 feet between the rear lot line and the dwelling. The
purpose of this variance novr is to bring the property up to code. If
the Board approves this request, staff recor�mends you stipulate that
the petitioner insure that erosion to the north does nat increase over
present levels.
Fir. Clark statedthe addition was built in 1981. The petitioner's deceased
husband contracted a carpenter to help him build the aAdition. For sone
reason, tfiey did not take out a building permit. The City didn't notice the
addition until they were looking at the lot to the rear where there was a
variance request a couple of v+eeks a90 for a garage.
�1r. Clark stated
house and there
audience.
the petitioner has now remarried. She recently sold the
are neti+ owners in the house. The new owners Vrere also in the
Mr. Clark stated there �aas a partial cul-de-sac in front of the lot �ahich
meant tlie house had to be built closer to the back lot line. The house
before tlie addition was 26 ft. off tfie back lot line. He stated the
petitioner had brougtit in several pictures of tiie property.
Nr. Clarl: stated the structure looked alrig'it. I: �ias aesth�cic,�lly pleasing;
but if the petitioner's request was denied, the structure ��ould have to be
renoved at the expense, lie believed, of the petitioner and vrhich 4�ould probably
cause yreat grief to the nev� owners who bouglit the house with the roor� already
constructed.
I'Is. Jenny Riley stated this had come as a big surprise to her as she had just
closed on the I�ouse the day she was notified that the addition was in violation
of city code. She stated her late husband was good at building and remodeling.
She did not get involved with it, and she did not know the addition was put
on without a building permit.
11r. ffike Serie stated he was the new owner of the property. He stated this
also car�e as a great shock to them. The way the yard was enclosed,he did not
think the three-season porch was aesthetically unpleasing to any of the
neighbors, and there did not seen to be any objections to it. They would like
to see the variance approved and the porch remain in place. The porch was
definitely a selling point for them in buying the house.
Dr. Vos asked �•ir. Clark ti•�hat was neant about the erosion in the staff report.
Mr. Elark stated he believed the folder for this property had some past
history o-ihen the house was being built about some erosion. This was before
the vegetation grew in, To his knowledge, there was no erosion today. There
APPEALS COh1f�lISSION MEETINC, P1AY 26 1987 PAGE 10
was a retaininq wall between the two properties and as lo�a as that wall was
maintained, there should be no problem.
MOTIOIJ by t1r. Barna, seconded by Ms. Savage, to close the public hearing.
Upon a voice vote, all voting aye, Chairperson 6etzold declared the public
hearing closed at 8:35 p.m.
Mr. Barna stated the hardship had definitely been established because the
addition �aas seven years old and was built by a person who was now deceased.
This was no fault of the new ainers of the property nor the fault of the
previous owner who ��as the wife of the person who built the addition. There
has been no objections expressed by the neighbors. The addition was nice
looking. There was an extreme encroacfiment into the rear yard, but he thougiit
the layout of the yard and the front yard setback on the cul-de-sac only left
about a 60 ft. deptli on the western lot line, so he would have no objection
to granting the variance.
Ms. Savage a9reed. She stated obviously there was a serious present hardship
and that was that the porch would have to be removed if the variance was not
granted. She felt the spirit of the code was being met by the size of the
adjoining lots, and there was certainly plenty of green space. She would agree
to granting the variance.
Mr. Slierek stated he had a hard time with this variance request. He could
understand the new buyers' interest in the house because of the three-season
porch because that influenced the purchase of liis present house which has a
three-season porch. He realized that the hardship was demonstrated for the
new owners and that in other circumstances, he would be totally in favor of
this. The City Council has made a definitive statement about construction
witfiout permission for variances and a�ithout permits; and even though he
was in favor of granting the variance, he would vote "no" in order for tfiis
to go to the City Council for their consideration and final decision.
Dr. Vos stated he had no abjection to the variance.
MOTION by P1s. Savage, seconded by Dr. Vos, to recor�mend to City Council
the approval of variance request, VAR #87-19, by �enny Riley, pursuant to
Cliapter 205.07.03.D, 3a, of the Fridley City Code, to reduce the rear yard
setback from 25 feet to 14 feet to bring an already existing three season
porch into legal conforming use on Lot 2, Block 1, Rice Creek Estates Second
Addition, the same being 1531 Floodside Court, Fridley, Mn., with the stipu-
lation that the property owner ensure that erosion to the north does not
increase over present levels.
Upon a voice vote, Betzold, Barna, Savage, Uos voting aye, Sherek voting nay,
Chairperson Betzold declared the motion carried.
f�r. Betzold stated this would go to the City Council on June 15.
APPEALS C01111ISSION NEETIPlG t1AY 26 1987 PAGE 11
4.
MOTION by Mr. Barna, seconded by I+is. Savage, to open ttie public hearing.
Upon a voice vote, all votin9 aye, Chairperson Qetzold declared tlie public
heariny open at 8:40 p.m.
Cliairperson Betzold read the Administrative Sta.°f Report: ,
ADI1IPlISTRATIVE STAFF REPORT
7770 RANCHERS ROAD
VAR #87-20
A. PUl3LIC PURPOSE S[RVED 6Y R[QUIR[ItENT:
Section 205.18.3, C, la, requires that the maximum percent of the area
of a lot allo�ied to be covered by a main building and all accessory
buildings when it is a one-story building is 40% maximum.
Public purpose served by this requirement is to provide aesthetic
parking, open landscaped areas, and to limit congestion of industrial
areas.
B. STATED HARDSHIP:
"Tl�e building needs the additional square footage. It makes the plant
more efficient in its floor plan."
C. AD�IINISTRATIVE STAfF REVIEW:
This property is located west of Ranchers Road and north of 77th Ave.
In 1983, the petitioner was granted a variance to increase the lot
coverage for an industrial building from the maxinum of 40°o to 45.5�
to allow a 9,000 sq. ft. addition. The petitioner is now proposing a
1,010 sq. ft. addition that will fill in open space between two exist-
ing buildings. The proposed addition will increase the lot coverage to
46. 5`,0.
If the Appeals Comnission recommends approval of this request, Staff
requests that you stipulate that the north parking lot be striped, that
the dumpster located on the soutli side of the building be fully screened,
and that the petitioner work with Staff on an approved drainage plan.
APPEALS COt111ISSI0fd ItEETIt�G, hiAY 26, 19II7 PAGE 12
Mr. Clark showed pictures of the property showing the various elevations and
landscaping. It was heavily landscaped along the south and the east. He
stated when he was at the site that day, he did not notice any on-street
parking so he assumed there was no parking problem.
Mr. Jin Sackrison, 6elt Line Construction, and Gene Owczarcak, Elo Engineering,
were in the audience.
�1r. Sackrison stated this addition would give a better fla+ for the factory
and wareliouse. It probably should have been asked for �ahen they requested the
variance before, but it was not and no�v they really need the use of the land
as part of the �aarehouse. Fle stated Elo Engineering has a very nice building
an�i keeps the area very nice. He stated the same would be done with the new
addition.
I1r. Betzold asked if Elo Engineering could foresee any future need for even
inore space.
ftr. avczarcak stated that it ti•�as just the type of work they are in. They are
nrni into larger parts which take up more space so they are constantly r�oving
parts around to get from one area to another. It got to be very difficult so
ttiey �aere looking for more storage space as they are going to shelf that space.
Mr. Betzold asked if the petitioner had any problem �aith any of the stipula-
tions suggested by Staff.
Mr. Sackrison stated he did not understand the drainage stipulation. They do
have a storm semer on one edge of the property.
t4r. Clark stated he saw no reason for that stipulation either. He stated he
was on vacation and had not prepared the staff report.
Mr. Barna stated he assumed it was added because of the 1983 Mention of the
drainage.
Fir. Qetzold stated the drainage situation stiould be looked at by City Staff
to see if there really was any concern.
t4r. �v+czarcal: stated if they do not get this variance, they will have to
start storing outside. That was not a good situation because they have sheet
metal parts that rust when stored outside.
Mr. Harris stated he o�vned Lots 5 and 6, Glock 2, East Ranch Estates. fle
stated he could probably give a little information on the concern about the
drainage. 1Jlien the addition was put on in 1983, the roofing contractor put
tlie drainspouts and rear scuppers on the back of the building. They had a
little trouble with materials v�ashing fron Elo's plant across the parking
lot onto other properties. He stated they have not had nuch of a problen
na+ because things have settled down because of the vegetation. If anything
was going to be done with the drainage, he stated he would like to be con-
sulted on the remedy before the City does anything.
APPEALS COIit4ISSI0PJ MEETING, HAY 26, 1987 PA6E 13
Fir. Harris stated he did not object to the increase in lot coverage for
Elo Engineering. He stated Elo does a good job, is a 9ood neighbor, and is
an asset to the coMmunity.
Dr. Vos stated he had looked at the property and could not see where there
would be a drainage problem.
t1r. Clark stated he did not think this addition a�as going to affect anything,
but there might be a problem that should be looked into.
t1r. Cetzold stated Staff, the petitioner, and the neighboring property owners
should get together to resolve any possible drainage problens.
MOTIOP� by Dr. Vos, seconded by 11r. Barna, to close the public hearing.
Upon a voice vote, all-voting aye, Chairperson Betzold declared the public
hearing closed at 8:55 p.m.
Dr. Vos stated when he looked at the building, he thought Elo Engineering
had one of the nicest landscaped areas that he had seen in this area in a long
time. Another 1% loss of green area was not going to hinder the developr^ent
in the area. The addition would cause a natural flow from one building to
another, and he would have no objection to the variance.
Ms. Savage stated she had no objection to the variance. 51ie stated she lool;ecl
at the property and felt the property �vas very pleasing to lool; at and very
well landscaped. Tlie variance for lY more lot coverage would not chanr�e that.
I+Ir. Sherek stated this looked like a very good plan.
Mr. [3arna stated the code was basically being met. The sr�all increase in lot
coverage would not make any difference, and the property where the addition
would go was not presently used anyway. The building was presently in an
area where there was a large nueiber of "zero" lot line structures, and the
hardship was defined in the inability to carry on and maintain a safe and
efficient business without additional space.
Mr. Betzold stated he also agreed.
MOTION by Dr. Vos, seconded by Ms. Savage, to recommend to City Council
approval of variance request, VAR #87-20, by ELO Engineering - Be7t Line
Construction Company, with the stipulations that:
1. The north parking lot be striped,
2. The dumpster located on the south side of the building be fully
screened, and
3. The peiitioner work with Staff and neighbors on an approved draina9e
plan.
Upon a voice vote, al7 voting aye, Chairperson Betzold declared the motion
carried unanimously.
�
APPEALS COMMISSION MEETING, MAY 26, 1987 PAGE 14
Mr. Betzold stated that this item would go to City Council on June 15.
ADJOURNMENT:
M07ION by Dr. Vos, seconded by Mr. Sherek, to adjourn the meeting. Upon
a voice vote, all voting aye, Chairperson Betzold declared the May 26,
1987, Appeals Commission meeting adjourned at 9:00 p.m,
Respectfully submitted,
�rn�-��
Lyn aba
Recording Secretary
r�el Clark
ty of Fridley
,j� 11n1v2f5ity av@• ���
-idley� MN 55432
EXHIBIT A
07 May 193�
zar Mr. Glark:
e spoke on the telephone a few days aga aoout citY building codes which
��ply to my hone at 62>1 Rainbou Dr. VE. You ask>d me to chack the sketch of
�2 location of my home in ralation to Ty n'iy45�Youhcane5eeitth25proP?�ty
lcloszd You will find �y correct?d dia9�so'that the back cornar is only
na 15 Slontea uitn r?sF'�t to my ho�>�_
va (S) fzat ffOT cne aroprrtY 1i�2. This is T,y bast �urss as to tne
tual ioc>tion ef tne proaarty line but it should tie fairly accurat?. It
,ula oe as �n�c� as o or 7 feet froa �Y housa but it is not tha l:i fzat you
tatad as the cotla r?quiremant. Since the 11na is slant�dr th? addition we
ad in mind CWith basemant) �uouid bring the dw?lling mithin a faot or two ot
na proparty lina.
le fael that this adaltion is vary necass::ry t�r our family. Hy retardad son
s presentlY snari�9 a room with my older son anE tha co�bi�etlon does not
�ork vary well. Hy retardea son must hav. his oun room so that he is not able
;o dzscroy or ta�na2r .uith toysr oock; and sch'nl���a�that islhis�own.� Suchuan
ilder son. Tna rztaroed son v�ry Tuc'� �2=a�
>rea woula nat nave to nava locKeG Ooorsr boltzd dr�war; an3 av�ry�hing Rlacad
>n snelves out of raac�• TFridl_ytout?hevennotLfounatany tonour�likin���sayet.
looKad for laryar nom�s in
fha atldition pictureo convert5 one oresant bedr�em into a hall a�a �o'litional
:athroom. The aCdiiion is ih-�.n t�+o oadrooms. Tne net rasclt is to �dd ona
�edroa:n ana a uatn t� out prasent housa.
;,ivan the locatian of the smallest presant bedroo,n which will be usa� for ihe
new hallway �nd bath� it is not very feasiole to rnova tne additi�n the
requiredreaul�edtna�additioneof�tln extrarhalluay toCaccessYthe�bEd�oom�
make the addad bathroo�n s�+allerr
place tha bathroom in a position where it could nat be consider=d
as a�+aster bath in the �ns Sedrooa.
co�nplicates tha ro�f lin� consid?ra�ly.
shuts otf a basament yin7oy which is nezdad for light and ven�in;r
shuts �ff tna winao;u presently in the kitchani and
requirz us to rov? th2 Pr?sent °lact�ic=1 Tzter znd m=st.
: have incluoed tlrawin9s of the pras>nt house. our olanned addition znd the
addition that y�uld be raauirad by novin, tan faet. i think you niil a7ra:
tnat our plan aOGS value to our home mhile a shift?d addition breaks it up
and detracts fro�n tha other rooms.
I have enclos?d the check for So0 anG tne completed variance requzst form
for your eonsideration. I understand that this r�quast will be tykzn u� at
tha next board maeting and we �uill be notified of th:e decision.
If you have any questions. I can be reatne6 at 579-35»3 (ho•ae) or 681-4332
(,;�rk). 1 am u>ually at w�rk betyeen tna hours of 3 AM and SP�1 but you �aY
be aole to reach my mife at tha K�T2 nu�nb=r. Z would apDrecizta anv
lnformatlon you couid supPly.
� Si�cerely%
•,i��� �