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AF-V - 44952r . � �� . . . . . - Sti[iJECS . .. . . . . . �:�ty ��f ��•��t�y � A7 TIiE TOP Of THE T1�11NS ;�., APPLICATION TO BOARD Of APPEALS , � . � �.4p______ COMMUNf�Y DEVELOPMENT DIV. � � � PROTECTIV6 INSPECTION SEC. � . � �t � �"^'1 � CITY HALL FAIOLEY � 55432 NuMBEH � � REV, � UnrE � rnGE OF aPPnovEO bv �.�.._��.i �.J . � ' � . st2-5sb-sa5o 910-F23 1 3/21/75 l 2 800 Name �ITE, DONALD R. and LOIS D. Address 606 Driftwood Rd. Pnon� 633 7410 Ndw Brighton, Mn. 55112 G33-'�3�( Leqal Lo��No. Block No. Tract or Addn. llesrripti.on Zs� � 5 Pearson"s Craigway Estates, 2nd Addition Variance Request.(s}; including stated ardships (attach plat or surv�y of pxoperty showing building, variances, etc „ whe�-��pl�cable} We reqnest a variance of 55 feet from the State of Minnesota regulations requiring that all buildings be localed 100 feet from the Mississippi River (determined by the� point where aqua.tic plants become land plants). Without sueh a variance, the 1ot will be unbuildable. Granting the variance will not effect the intent of the law since al,l but two other lots in the area have hauses on them. <--�i-vL(iu�r+-, /'� , �i� ,�,t� �.�• 1'h�2z��...; �cu.,� ��,.c:�s, �� D :�2� �L�C ��O Meeting Date ree Receipt iQo. Siq ture �., //� !f1 � � 50 - °-_° �''.�� 7 � ��t�� t%� Comrients & Recommendations by the Board of Appeals � V�"� - --- --.-�^-r�`-�-� - --�- ") City Council Action �nd Dat..e ,� t� . . � � SUBJkCi ' � - . (.�ity of F'ri��l�y ' A7 THE TOP OF THF TNIINS APPL I CAT I OrJ TO BOARD OF APPEALS r -� � � � � COMMUNITY DFVELOPMENT DIV. �St1ff Report) � . � ; ,� ------� f � � PR07ECTIVE INSPECTION SEC. � . , � �` � ��"'"1� � CI7Y HALL FRIDLE� 55432 Nuti�eea REV. UATE �-nce o� avNHOVEO tsr "—"�� 612-560-3450 910-F23 1 3/21/?5 2 2 800 Staff Comments Board members notified of ineeting by List members, date notified, and "Yea" or "No" for plans to attend hearin Plan Date To Attend Name Pearson making appeal and the following property owners having property within 2Q0 feet notified: By �ahom . Name � Date Phone or Mail. Notified Walter Rasmussen-7806 Alden Way N.E. Geor e Wi11-350 Bellaire Wa N.E. .Stariley Morine-418 West Lake St. Mp1s 55408 Mr aren e Holtze- Alden Wa N.E. (1`67 Graigway N.E.?) 7LSa {�: � • _. A en a � N . E . Mr. & Mrs. R.J. Weiss-7610 Alden Way N.E. Mr. & Mrs. George Sundem-7641 Alden Way N.E. Mr. & Mrs. Marcel Brenny-260 Stoneybrook Way Mr. & Mrs. Douglas Brown-180 Stoneybrook Way M� : �—Ntp� :� Mr. & Mrs. Richard Smith-146 Stonybrook Way NE.. r. . - . . Donald & Lois White-606 Qriftwood Road New. Brighto 55112 � �uo.�c�.( 4... COiVi1'1I�iSSfO�V A�A�.ICATi�� _ R�Vi�W . _ __.. IQ . ►-�y�.'�"� t-�_ o ,, c�.� _... � ._.. QAT� _._. — �� c� �� :�-� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCE�N: NOTTCE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, January 11, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of the Interim Development Regulations for the Mississippi River Corridor Critical Area, Section �, 4, (B,2), to reduce to 55 feet, the requirement that in Urban Developed Districts, no structure or road shall be placed no less than 100 feet from the normal highwater mark of the River, and no less that 40 feet from blufflines, to allow the construction of a dwelling and garage on the South- easterly 25 feet of Lot 13 and all of Lot 14, Block 5, Pearson's Craigway Estates Second Addition, the same being 7736 Alden Way N.E., Fridley, Minnesota. (Request by Donald and Lois White, 606 Driftwood Road, New Brighton, Mn 55112). Anyone who desires to be heard with r�ference to the above matter wi11 be heard at this meeting. V�IRGINIA S:CHNABEL CNAIRwOMAN APPEALS COMMISSION . `�%�� C,�Q cQ-F'�`� C,c.J� s6o-saso �i� o Yid�e c� c� ANOKA COUNTY 6431 UNIVERSITY AVENUE NE December 1, 1976 FRIDLEY, MINNESOTA 55432 Mr. Don White 606 Driftwood Road New Briqhton, Mn. 55112 Re: Required Data for Appeals Commission Dear Mr. White: I'm sending you two xerox copies of a recent storm sewer project near your lot as an aid in determining the topography of your loto I have also included two additional benchmarks in the area as you requested. I would just like to restate what we discussed on the phone this morning. As part of the Appeals Commission application, we are requesting a survey of the lot showing topographical data, the 100 year flood contour, and the proposed house location. We have determined the elevation of the 100 year flood level on the Mississippi River in the proximity of your lot to be 821.8 feet above sea level. Your appeal will have to be processed through the Appeals Commission, Planning Commission, and the City Council. If you have any further questions, please contact me at 571-3450. Sincerely, RONALD E. HOLDEN Building Inspection Officer REfi/mh ENC: 3 CC: Jerry Boardman, City Planner .+�' Benchmarks In Area of 7736 Atden Way Hydrant: Rickard Road and Alden Way 864.47 to top of nut an hydrant Hydrant: 317 feet North of Rickard Road on Alden Way 859.38 to top of nut on hydrant * .ti :. - i:. . _ ::_ : . :;, : • :•> •. . _ . . , . ;,�itis.:a.�:s.:.:ai►iitis+ia ... ::. ��}.�.:•=,_;µ�.�:::iv�.;::;::�� __ - r:C. _,�------'_ _�.� .T r..��.�..-�- . . .� � AY . � . � �� i� , �, , � - -_ �� R�� E _ . , G: � .,.f... � �.., �.. 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'.. . , ; , ; I�-�I'I;:i��gl�rr 2 :1IZ(;HI'I'LC:'I.S «'I�II'�; RI�,SII)L:�CL . a � . . . ,,�' eC��6C� - � .�� !�%�c��,. -G� �.�yy' - � . . ��!�� . l� _ . ��zzu.� �� / �17 � _ % � � �— .��-�-, �?�i�' � � �fll � � � � �� vY�;� � �x...ti,� �.�v� %', �.��,.�; � � � �ar , �r.� � � I �2 �!�r�� %.�� S ll � '�� .oC � �° �.�� `a_ Q��„ 1��.1� � �. . .. �� i4�uo�.�e,�y �S � 3 Z-- �. l �� j � , j; �; � �--� � �� - _ , e,�, � ,- C� �� ° �. �J ! % f , �3 S`U �L'LL /3 > 2 L= C,/ � Y . _ �.�� .,�; � 1 � Item #1 1-11-77 AMENDED ADMINISTRATIVE STAFF REPORT 7736 A1den aay N.�. A. PUBLIC PURPOSE SERVED BY REQUIREMENTS: The purpose for the standards and guidelines as laid out 6y the Interim Development Regulations for the Mississippi River Corridor Critical Area are as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region, and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and historical value for the public use; d. 7o protect and preserve the river as an essentia1 element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. In keeping with the above, the public purpose served by the critical areas designation, Section G, 4(b,2) states that there must be 100' setback from the normal high water mark of the river. B. STATED HARDSHIP Without such a variance, the lot will be unbuildab1e. Granting the variance will not affect the intent of the law since a11 but two other lots in the area have houses on them. C. ADMINISTRATIVE STAFF REVIEW: In keeping with Section J,3, of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the local unit of government may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearing conducted according to the regulations of that local unit of government, and may be granted only then, after the fo1lowing findings are made: 1. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship: as used in the considera�ion:of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. 3. The dimension variance does not al,low any�use t�at is �ot a � Administrative Staff Report 7736 A1den Way N.E. Page 2 compati61e use in the land use district in which the property is located. 4. The dimension variance will not alter the essential character of the locality as established by these Intermin Development Regulations. 5. The dimension variance will not be contrary to the Order. e � t., _ FRIDLEY APPEALS COMMISSION MEETING JANUARY 31, 1977 NfEMBERS PRESENT: Schnabel, Barna, Gabel, Kemper MEMBERS ABSENT: Plemel �OTHERS PRESENT: Ron Holden, Building Inspection �fficer The meeting was called to order by Chairperson Schnabel at 7:33 P.M. APPROV� AFPEALS COr1MISSION MINUTES: . DECEMBER 28, 1976. MOTTON by Barna, secanded by Gabel, that the Agpeals Commission minutes of December 28, 197b be approved as written. Chairperson Schnabel informed the Commissa.on that she had talked to the City Attorney and requested interpretations on two of the items they had discussed; one was the question of economic feasibility versus economic hardship, and the other was the question of devaluation of property. She said that the City Attorney had told her he would get some information to her as soon as he had a chance to research the le�al cases that were mentioned in the memorandum he had given them. tIPON A VOICE VOTE, all voting aye, the motion caxried unanimously. l. REQUEST FOR A VARIANCE OF THE INTERIM DEVELOPMENT REGULATIONS FOR THE MISSISSIPPI RIVER GORRIDOR CKITICAL AREA, SECTION G, !�, (B,2), TO REDUCE TO 55 FEET, THE REQUIREMENT THAT IN URBAN DEVEi,OPED DISTRICTS, NO STRUCTURE OR ROAD SHALL BE PLACED NO ZESS THAN lOQ FEBT FRflM THE NORMAL HIGIiV1ATER MARK OF THE RTVER:, AND NO LESS THAI>i !t0 FEET FROM BLUF�'LINES, TO ALLOW THE CONSTRUCTION OF A DWELLING AND A GARAGE ON THE SOUTHEASTERLY 25 FEET OF LOT 13, AND AI,L OF LOT 1l�, BLOCK 5, PEA�tSON'S CRAIGWAY ESTATFS SEGOND ADDITION, THE SAME BEING 773b ALDEN WAY N.E., FRIDLEY, MINNESOTA. (Request by Donald & Lois White, 606 Driftwood Road, New Brighton, Mn. 55112). MOTION by Kemper, seconded by Barna, to bpen the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT . A. PUBLIC PURFOSE SERVED BY REQUIREMF�tTS: • The purpose for the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor Critical Area are as follows: • P�ge 2 � Fridley Appeals Comrnission Meeting - January ll, 1977 , t a. To pr.otect and preserve a unique and valuable state and regional resource for the:benefit of the health', safe�y and welfare of ' the citizens for the state, region, and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aes�hetic, cultural, and : historical value for the public use; . � d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and : e. To protect and preserve the biological and ecological funcfi,ions of the corridor._ � In keeping with the above, the public purpose served by the critical� areas designation, Section G, !� (b,2) states that there must be 100'; setback from the normal high water mar�c of the river.: B. STATED HARDSHIP ° `�,-! Without such a variance, the lot will be unbuildable. Granting � the variance will not affect the intent of the law since all but two`other lots in the area have houses on tY�em. C. ADMINISTRATNE STAFF REVIEW: . In kesping with Section J, 3, of the Interim Development Regulat�:ons ` for the Mississippi River Corridor Critical Area,'the local unit of government may grant a variance from the strict compl3anee of { the setback of the interim regulations after an administrat'ive . liearing conducted according to the regulations of that local unit of government, and may be granted only theny after the'following findings are made: 1. The strict'enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship: as Us�d in the'` ` consideration of a dimension variance means that the groperty; in question cannot be put to a reasonable use under-the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstance� iunique to the property thai. `"� ' were not created by a Iandowner after April 25� 197�'. 3 The dimension variance does not� allow any use that is not a ' . • compatible use in the land use district in which the property is loeated. . F . _ �'�' . � � , Fridley Appeals Commission Meeting -:January 11, 1977 __ Page 3 l�. .The,dimension�variance will not'alter the essential charaeter af the 1ocality ;as ,established by these Interim Development Regulations. 5. The dimension variance wi11 not be contrary to the Order. ` Mr. and Mrs: Donald R. White were present along with Mr. and Mrs. Claxence Holtze, 7680.A1den Way N.E.� Fridley, property owners ta the 5outh; Mrs. Joyce Martinson, 7650 Alden Way N.E., Fridley, owner of the property two lots to the Sou�h; and Mr. and Mrs. George E. Wili, 350 Bellaire Way, Fridley, property owners to the Northwest. Mr. Holden explained that the main question involved here was that of a � structure being placed closer to the Mississippi high-water mark than 1.00i. He said that this past fall the government had put into effect the Interim Development Regulations to control this, so now anyone who wanted to build closer than 100' to the normal high-water mark of the river was required to appear before the Board.of Appeals. � Mr. HoZden stated that the lot had a problem of a creek going through it which cut down the building area. He said the road was pretty well built with other structures and it`was high enough not to be flooded, and if the permit had come before the City last summer there wouldn't have been any variances required on the lot. . Chairperson Schnabel referred to the survey of the lot with the, house sketched in and asked which portion would be the garage area and which . would be living space. Mrs. White pointed out the areas on'the ske�ch and explained they were discussing this with their architect as the con- figuration might be slightly different than what was 'shown but the dimen- sions would.rema�,n the same. Mr. Barna described the layout:of the lat to the Commission;explaining where the trees,`path, etc., were� He explained he knew the lot well as he occasionally took his bike along the:path. Mr. Barna'asked for:the definition Qf a bluff and Mr. Holden read the definitiori to the Commission. Mrs. Whiie said she felt the.slope was too gradual to be a bluff, and was surprised it was �5'. Mr. Kemper asked if Staff had looked at this and decided there was'no bluff line to be concerned,wi�th, and Mr. Holden rep�ied that was correct. Chairpersan Schnabel asked what the State's rationale was in this particulax instance that no structure be placed no less than 100'_from the water line of the river. She said she assumed it was to control. run off and soil erosion,. Mr. Ho.lden s,aid.that was correct, and also because of back flooding and ground;water-contamination and sewage, as well'as the visual aspects. He pointed out it would be rather unsightly for the river traffic if a11 the houses were built right on.the edge. Chairperson Schnabel asked if the City had been in �contact with members of the'Minnesota Ealvironmental Quality Commiss�.on and if they had sent a person out. Mr. Holden replied that a member of the Minnesota E.Q.C. had : been out and hadn't found any problem with the height of the lot. He added Fridley Appeals Commission Meeting - January Il, I977 � �'�ge !� ` that the�foundation of the house itself would be above the flood level..`" Mr. Kemper a.sked how long the Whites had owned the property, 'arid` Mr. W}iite' said they didn't actually own it yet as it depended'on`the action of,t�ie`.�. City Council. Mrs. Gabel asked if it would be necessary to build up in. places to prevent erosion, and Mrs, White said there"was one axea that`was washed out a bit and one of the things the architect planned to do was g�t advise on that and make a determination. She added they were willing ta do whatever necessaxy to prevent erosion, and another�thing she wanted to do was preserve a couple of trees that had roots startzng to show� Mrs. White asked if she could talk to the City Forester`concerning this, and Mrs. Schnabel told her how to contact him. Mr. Barna commented that he ihought'; the creek bed changed every year. Chairperson Schnabel asked if the culvert was on this piece of property, and Mr. Holden replied it was, and explained it drained into Stoneybrook • Creek. Mrs. Schnabel asked if the City had an easement there, and Mr.'' •Holden answered it did. Mr. Barna asked if they were'planning a basement, and Mr. White`replied they were. He explained it would be an above-level basement so there would be very little disruption to the bank, and the engineer's opinion was that it was quite a buildable lot. � ; f,. J l � . . . , . . . . . . . Mr. George Wili stated he would like to see a surveyor's drawing or an.' architectural drawing so he would lmow how the house would be s�tuated � on the lot. Mrs. Schnabel invited the audience to approach the Boartl and view the survey of the lot. Mr. Wili said he didn't•understand the' �� ° reference to the Southeasterly 25 feet �of Lot 13, as that was his properiy. Mr. Barna explained that referred to the culvert; there was a 25� easement on Mr. 6dili�s property and 25� on the White's property, a 50� easement.in all. Chairperson Schnabel explained to the interested parties that the White's didn't have a f�.rzished pZan from their architect yet, but had drawn i� an approximation on the survey meeting all the code requirements. She said�� that instead of having the exact house exactly as it will be,, the White�s ' had shown them abou� what it wou].d be lixe using the maximums,:and explain�d it might be smaller. - `= Mr. Holtze asked if the groposed house would have an attached garage, and Mrs. White said it would be structurally attached but might,.not share a� common wall or raof as they wanted an enclosed breezeway.� Mr. Hi�ltze"said:�' he was concerned about the house blocking off h�s view: Mrs. Whi�e s aid''.�' their architect had stated he thought their raof line would Come about'even' with the Holtze's first level as there was a d�op of seyeral feet in the property, so they cou2d still see over the top. Mr. White added�that't�ie°�` design of the house would permit a line that would not obstruct the`view� �� and iurther added that it was a fairly sma11 house consisting of 2,�OO;sc�u&re feet of living space. Mr. Kemper sa'id he thought tY�ey should'aIl"keep in �� Frid],ey Appeals Commission Meeting - January 11� 1977 Page S � .� mind that �his variance wouldn�t have been required last year. • Mr.:Wili_stated that basically what he was after was to prote�ct his invest-- ment, arid said ttiat he had the lot he owned up for sale. Mr. White said it wouldn't`be a.disreputable house since they were going to the expense of havi.rig an architect develop it. Mrs. tiahite added that the house wotzld cost $�S,OOO at a minimumf and that included $1.8,000 for the lot. Mr. Wili said,he.realized that if they kept the 100' setback, no one would be able to build.. He added that he had no objection to the 45' vaxiance. Chairperson Schnabel stated that this request would go from this Board to the City Council, for their review, which would be February 7th, and perhaps � by'that�time the White's might have more detailed plans of the house. I�rs. White said that the topographical data had been done but had been sent direc,tly to the architect and not to them. Mrs. Schnabel pointed out that what they should mainly be concerned with at this meeting was the 55�,�etback variance. Mr. Holtze said he didn't really have any objections to the variance request, but as the next-door neighbor he would like to see plans of the house. He explained he was still concerned about the proposed house cutting. off his view, but he understood he wouldn't be able to.settle that in his mind unti�. the White's could supply further plans of their house. MOTIQN by Kemper, seconded by Gabel� that the Public Hearing be closed,, Upon a voice vote, all voting aye� the motion caxried unanimously. Mr. Holden commenied that one thing that puzzled him a bit was the question . of the nature o#' the bluff, and that would be something that would have to tie checked with the topographical survey they got from Mr, White. Mr,,:Kemper stated that it appeared to him that the prospective buyers were caught.between tne devil (the City) and the deep blue.sea (the Mississippi). He said`he was sure these choice lots should be built on, and they had a situation here where either the City had to give with regard ta setback from the stre,et or the Minnesota E.Q.C. �rould have to give on the setback from the,`river. Mr. Kemper said he was of the opinion that since.this was an area of;a7_ready built homes, some of which were already as close or close,r,. than�the proposed home, they would really not be violating the purpose of the�Irit�rim,Developm�nt Re�u1�.t�ons. ,I�e said he would be disposed to approve �tlie 'reqiiest fo`r variance. Mrs,,;Gabel ,said that she agreed with Mr� Kemper, and also thought that : gran'ting.;ihis vaxiance would meet all the provisions in the regulations. � sn�:�:aaea she felt they should keep i:ri mind that if the petitioners had choserto build�oz� this lo� six months:ago they would not have had to go through"this'uariance request:., Mr. Barna Stated �liat he could see no problem with the Interim Developrn�nt ReguTations as the White's met all the �riteria and these were exceptional . cirGwnstances. He;added he did feel that the bluff line was right on the lot ��i.ne�, '_so he:'woul,d have no objecti�ons to the vaxiance providin� a properly constructed house was buil.t. � � , "��, . Fridley Appeal.s Corrunission Meeting - January 11, 19?7 . Page b ' Mr. Kemper said he would like to suggsst that the White�s obtain the archi- tectural plans and show them to the interested neighbors before they put their name on the dotted line. He added that he thought it was to their credit and the neighbor's credit that they wanted to make sure the neighbor- . hood maintained its standard of excellence. M�TION by Barna, seconded by Gabel, that the Appeals Commission recommend _ to the City Council, through the Planning Commission, that the request for a varianee of the Interim Development Regulations for the Mississippi River Carridor Critical Area at 7736 Alden Way N.E., Fridley, be approved. • Upon a voice vote, all voting aye, the motion carried unanimously. OTHER BUSINESS:. Chairperson Schnabel informed the Commission that there was going to be a workshop on Water Management cosponsored by the League of Women Voters .and the Fridley F�vironmental Quality Commission. She said that the Metro Council had developed the program and would be holding the workshop at 7:30 P.M. on January 18th in the City Ha11�Community Room. It wouId be dealing with problems of soi1, wat�r conditions, water treatment� and management and financing of water waste programs, she said� and might be of special interest to people who had lakesY�ore property. ,, ,, ,, � Mrs. Gabel commented that she had learned something very interesting at one of the Sign Ordinance Committee meetings. She said that one of the sign company advisors told her that most companies had a book of differeni- sized signs because different cities had different regulations, so when petitioners came before them requesting a non-conforming sign and stated that was their standard-size sign and they used it a11 over, it Frobably was not at all true. Mrs. Gabel said she thought this was interesting and suggested that perhaps they should be more restrictive in having these people meet code. . ADJOURNMENT• Ai0TI0N by Kemper, seconded by Barna, that the Appeals Commission adjourn at 8:30 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. Respectflxlly submi.tted, � �. ' Sherri 0'DonnelZ Recording Secretary . . ,.. . . . ' : . � � � . � . . . . . . . . . ... . . . . . . . .. � . � .., . . . . �� ,.:T".�� . . ,...�► _ _ - - . . _ __ _ . . . _ _- _ _ _ _ - - _ ---- - 254 - - •RE6lJLAR,.COUNCIL,MEE�ING OF FEGRUARY 7, 1977 i 9L Pac� s � ' PURCHASE ELECTR�NIC REC�RDER fOR USE IN COfdJUfdCTION WITH "BABY" (C.P.R.): The f?Tar�ning�Commission at their meeting on January 19, 1977 has recomrnended the purchase of an electronic recorder to be used in conjunction with the "baby" for the Cardiopulmonary Resuscitation Programs. The cost for the recorder would be about $900 to $1,100. Councilwoman Kukowski stated she believes what is needed is an "Annie" and not the "baby" as the "Annie" has been rebuilt several times. Mr. Alex Barna, 560 Hugo Street N.E., feels the equipment would be well used in the Fire Department and in training citizens of Fridley in Cardiopulmonary Resuscitation Programs. He encouraged the Council to purchase the necessary equipment. Mayor Nee stated he would like a report from staff on exactly what is needed. MOTION by Councilwoman Kukowski to support the Planning Commission`s recommendation to purchase an "Annie" with a recorder and appropriate the money from the Council Reserve for ap�roximately $1,100. Seconded by Councilman Fitzpatrick. Councilman Hamernik felt when this matter was discussed at the January 3, 1977 meeting they should have looked into getting the optimum piece of equipment for the Fire Department. He indicated he felt the Gity supplied an obsolete piece of equipment to Anoka County. Councilwoman Kukowski stated she felt Anoka County approached the cities for a donation for an amount they felt would be considered by Council; and that if a recorder was requested, this may not have been approved because of the cost for this equipment. The"City Manager, Mr. Qureshi, suqgestec� this item be tabled and that a represen- tative from the F�ire Department could supply additional facts ai�d information to �he Council, ^- MOTION by Councilman Ham�rnik to table this item until administration has a chance to make a.formal proposal. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS CQ��IMISSION MINUTES OF JANUARY 11, 1977: � The minutes of the Appeals Commission of January 11, 1977 were received by the Council and the following item was considered: � D. & L. WHITE, 7736 ALDEN WAY N.E.: �� Mr. Sobiech explained this is a request for a variance of the Interim Development , Regulations for the Mississippi River Corridor Critical Area, Section G, 4(6, 2), to reduce to 55 feet, the requirement that in urban developed districts, ,, no structure or road shall be placed no less than 100 feet from the normal highwater mark of the river, and no less than 40 feet from bluff lines. i The variance is requested to allow construction of a dwelling and garage on the southeasterly 25 feet of Lot 13, ald all of Lot 14, Block 5> Pearson's Craigway Estates Second Addition, the same being 7736 Alden Way N.E., Fridley. Mr. Sobiech explained in keeping with Section J, 3, of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the City may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearing is conducted and after certain findinys are made The Appeals Commission, after a public hearing, has recommended approval of the variance. , _ __ � � `�;r� - � ; � REGULAR COUNCIL MEETING OF FEBRUARY 7, 1977 � PAGE 6 MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance of the setback requirements of the Interim Development Regulations for the Mississippi River Corridor Critical Area at 7736 Alden Way N.E. based on the findings.of fact that the criteria for yranting this variance is in keeping with Section J, 3, of the Interim Development Regulations for the Mississippi River Corridor Critical Area. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF JANUARY 4, 1 CONSIDERATION OF ORDINANCE REVISIONS: MOTION by Councilwoman Kukowski to receive the minutes of the CATV Corrunission meeting of January 4, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Cable TV Commission proposed amendments to the CATV Ordinance, Chapter 405. MOTION by Councilman Fitzpatrick to table the oroposed amendments and forward the proposed amendments to CATV Commission for further clarification. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NOVENIBER 16, 1976: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of fdovember 16, 1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A JOINT MEETI�G WITH THE PLANNIiJG COMMISSION REGARDIN6 MAINTEiVANCE CODE: ' Mayor Nee polled the Council regarding their reaction to a joint meeting with the Planning Cori�nission regarding the Maintenance Code. ; All Councilmembers felt such a meeting would be in order and requested it be scheduled for Wednesday, February 16, 1977 at 7:30 p.m. CUNSIDERATION OF REQUEST FOR FUNDING BY SUBURBAN COMMUNITY SERVICES: Mr. Qureshi, City Manager, explained this request for funding for Fridley Senior , Citizens and stated the program would essentially be the same as in the past. , I � i 1 � MOTION by Councilman Hamernik to concur with the administration's recommendation and support tF�e Suburban Community Services in the amount of $2,000 wi±h plans � for the City of Fridley to provide the services after September 1, 1977. Seconded ' by Councilwoman Kukowski. Upon a voice vote, all voting.aye, Mayor Nee declared the motion carried unanimously. ; CONSIDEftATION OF WAIVER OF RECREATION PROGRAM FEES: MOTIO� by Counci}man Schneider to adoot the prooesal submitted bv admir.istration on the waiver of recreation program �ees. Seconded by Councilwoman Kukowski. U�on ` a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.� RECEIVING BIDS f,ND AWARDING COVTRACT FOR ELECTRICAL PO�vcR SYSTEM 180 KW DIESEL �' DRIVEN ;iAD�DQ'f GEiJEPF�70R 3I7 UPENING i/2o/77 : ?he following bids were received for a 180 KW Diesel Driven Standb�� Gener�:tor: Cummins Diesel 2690 Cieveland Ave. N. St. Paul, M?; Flaherty Equipment 2525 Franklin Ave. E. Mpls., MN $31,925.00 $25,234.00 I � � �_ _ - _ _�.1 � ��,� '� �' � � � � . � ' • � � CITY .OF . FRIDLEY�� : . _ .,__ _ .. _: _ . . .... . ' .� ..... . , . �.� a. 64$1 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 Donald and Lois White 606 Driftwood Road New Brighton, Mn 55112 CITY COI;NGIL ACTI4N iAKEN NOTICE 0 February 9., 1977 � . On February 7, 1977 , the Fridley City Council �ffic7aily approved your request for variance for 7736 A1d�n Wav_N.E. �,�iiP� �th� s�tipuiations listed below. Please review the noted stipulatioi�s, sign the statement below, and r�turn nne copy to the City of Frid1ey. If you have any quest�ons regarding the above action, please call the Gommunity Deve?opment Office at ��71-3450. � �;LB/de • S' �;ely, � RR LD . BOARDh1�N CITY PLAN�4FR n �ti �jlati�ns: 1. Note on the building permit that the responsibility for bank erosion control would be the ap�nlicants. 2. The City does not plan to do any additional work on the drainage system next to your property. � C�ncur with action tak°n. - ," � 1 �� : � �-�.� �� , � V� f j1: Q�,�LUTIpNe ' . i ,Q C�� .. . .. U "� m R 2 ��b � 2 »�6_19�6 n 0 ❑ 0 . .. . . . . .. . . : , � �. . . .. .. . .,.. _. .. . _�ry'� � � . � � +} C