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VAR-1979� � crrrv �� c�ao��r� �tJ�JEC°P �v��,�� APPLICATIUN TO APPEALS Coi�1(�ISSIO� (612� 571-3450 0� ' � portmcnl rv�s�om um er ev ape Approved y pote � PUBLIC WORKS/CQDE ENFORCEMENT 910-F23 2 1 of Z 800 7-17-79� Name �e� �� a �0��'C� Address Phone O��r��, � �`� 6�� vE a I�- ��a� � ��', ��e �`° ,�� Legal L No. Blo No. Tract or Addno g�1� -r ��y �� Descri tion �T e � , Variance Request s: attach p7at or� �ey o property showing bui ding, var�ances, etc., where applicable)� � - � �' �� _ ,� � �� `/ � � �� a �/s�`�.�� ,�- rcT"'�,.-�J � . ' _ �/� �� ,,� ��4�. a� �i��. �� ae��'�i A/� � �..�'It�E�1v' !d� .��rc�,� arf ors�l��.i�' e�c �1e��,.e ,�� //��a'� !�'�a�z.;�" � �i� �/�F��aa �6�� . Last �cific hardship(s� which requires the variance(s) ="' 3�,� 6��° ) ��z� �� Tyl� �� ,��° ��: ��.�'��,� /�%°� �,�� °�a��.��° s� �� '' ��`o�� . � ��e�� d� � ' � � � �" �e � ° ��° � p ae ��. �'/�N /� �'�� a � caa�� !�s� %a�° �'��A1��i � � �;�2 G��' . � .� /a�m�� i's �:�, �/� � � Meeting Date Fee Rec ipt No. Signature � f� �� , or� ��' 9 �:��,.� � . � Comments & Recommendations by the Appeals Commission ' d City Council Action and Daie ' � u$� ! � ..: , ,-_� -�:;� �r' �� :� �'. PUBLIC WORKS/CODE ENFORCEMENT Staff Comments: �� PPLICATION TO �P�EALS (Staff Report) 910-F23 1 2 I 2 of 2 COh1h1I SS I �N :d by Oote 8�� 7-17-� _ -- -� Board members notified of ineeting by �— S/ — date notified, and "Yes" or "No" for plans to attenc Name � ring. , .,- ' . List members, Plan Date To Attend .�j� � � Person making appeal and the following property owners having property within 200 �eet e Timothy Edwards=3935 Orleans Lane - . Plymouth, MN 55441 Glenn Engstrom-6260 Alden Way NE. ' M/M Steven Torgrimson-3301 North County Road 18, Apt 376 Plymouth, Mn 55441 Gordon Mire,3035 Virginia Avenue South Apt 29 St. Louis Park, Mn 55426 Happy Acres-4252 Unity Ave. Robbinsdale, Mn 55422 MJM James Holman-7105 East River Road N.E. M/M Harold Paul-7065 East River Road N.E. Florence Heffner-7055 East River Road P�.E. • Mr. & Mrs. Harland Berry-6965 Hickory Circle � Abe Nichols-6449 Hickory Drive N.E. M/M Gerald Nalepka-7083 Hickory Drive N.E. ' M/M Terrence Mickley-7075 Hickory Drive N.E. Leslie Blinco-7067 Nickory Drive N.E. M/M Gary Thomas-7061 Hickory Drive N.E. M/P1 Donald Meil-7092 Hickory Drive N.E. ' M/M Alan Crepeau-7084 Hickory Drive N.E. M/M Walter Silensky-7076 Hickory Drive Pd.E. Mr. & Mrs. James McGuire-706� Hickory Drive N.E. N.E. By Whom Date Phone or Mail Notified � �`��'� 5eptember 16, 1980 Item #4 ADMINISTRATIVE STAFF REPORT 7107 Ashton Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMIENT: Sec tion 205.052, 4B, #2, requires where a house is built without an attached garage on lots up to 60 feet wide, a minimum side lot requiresnent shall be necessary of 10 feet on one side and 13 feet on the other side. Public purpose served by this requirement is to allow access to the rear yard for a possible detached garage at some later date. Section 205.153, #2, states where the average of the front yard depths of existing buildings within a distance of 100 feet on both sides of a building to be erected is more than the minimtun setback rec�uired, then the setback for the proposed building could be 6 feet more or less of this mean depth but in no case shall be less than the required setback for the distance in which such block is loca.ted. Public purpose served by this requir enent is to ensure that any new structures do not greatly impede the front yard "line of sight" for the existing house sites. Section 205.054, 2A, #1, requises a minimLUn of 1,020 square feet of living area in a one story single family dwelling unit of three bedrooms or less. Public purpose served by this requirement is to provide adequate house size and living area in resi:dent.ial buildings. Section 205.055, 2A, requires all lots having a minimum lot area of 9,000 square feet .to have a minimtun of a single stall garage. Public purpose served by this requir�nent is to provide adequate off-street parking area and storage during inclement weather as well as to house goods and materials which would otherwise cause visual pollution. B. STATED HARDSHIP Variances are needed. because of; the size of lot for the style of homej all the bigger house we can afford; the home can be enlarged at a later date to meet the Code; the garage will be built at a later date because we can't qualify for the mortgage package with a garage at this time; and so the house will fit on the lot. C. ADMITdISTRATIVE STAE'F REPORT: This lot is the most southerly lot in Hillcrest Addition and is adjaaent on the south to the back yards of lots facing Hickory 5treet. The lot to the north has a new house being erected on it with a front yard setback of 54 feet and a southerly setback of 14 feet to allow for driveway access to the back yard. Administrative Staff Report . 7107 Ash.ton Avenue N.E. Page 2 The house, as proposed, and the atta.ch�d garage and house addition, as proposed at a later date, if built at this tizne would meet all of the Code requirements except there would be 19 feet instead of 20 feet between adjacent living areas (lot to North). The applicant states that the garage and house addition ca.n not be built at this time because of the restrictions on the mortgage loan, but that they do iiatend to construct the garage and additi.on at a later date. Variances have been granted on other 50 foot lots in this addition for side yard setbacks, dwelling unit square footage, and waiving the gaxage requirc�nent for a specified time period. ' r cirv c�� =�aaca�.�v, Rltitilf!lB907A S.� . . . . e SU8J�G7� -� o ' �DIilffl/D@�S6��,0 e+�6�6�t.l�A'�"oON . ��r►sQL�%�/ WumDef � tiev ru90 • approved �r pale .. �� - . , - F IVO/ ACI0RES5 F CO(1PIPLETE REVIEW GQ-�ECKLIS'i ' �• �fd�d,°t°'.�-G�°_� �Tl1qtV 'Y'O f�LAN(VINCa ' • / oYa� �� "- �� c � �� ., [�. ' .Z��1.- � — _} �� . � . . ,I a �. � , , , , , ,. , p �� ., � , ' �.r..�, �� < �; 'a � ��?1 , :� . � ?; = \ � ` { � .�� ' sA � �� ' � .� _ i,. � , � _ �' � ;� ; �. �^ �.-�: � � , ii� �'t, � , � � �1�, � - / i �� . �, � `� � � � � d � �� > � �. ,. �� }� � 3i�. �'�r..4 / \ � I � b' ��':. t .. " µ . � �v� i. � . . 1 h• , r _ . . a , . . . ,. ,: ., � .,. .__,.. , - . . � ' - _ _ _ 4 0 2 J � � � � � � �� r�� . � . I c� -�SS' �3 ��/ � . . . �-- ��e �-� �� . °�� -�� ^ ��, �� '�a�c� �,� �- �' � � �- � . . �� . � '/r-Y° ��6 ��6� a�`+� ��°'�� ,�P�� 6(%� �� ,�� - .� �� ' . . . ,�j / �� y �� ' %� � � a°-�, ��'� � .�� d�3 vsl^r`� � �✓e�-�� `'� � . , . `v� G �'�.�, ' ' . �^� � o �'� L,. e L �l �d° � a�° � �� .� / � �` �`" � � � �, � ° l . �� -�-� ��vA�,�� ` ' � � .a.�-s �.(�e� �� ov�� .� f'P � .� � 0 - - - -- - -- - - - - - - — - - ---- - -� ---- ,- �� ;` ��u�"v . . I CI'�1� O� .FI�IDI�EY 8431 UMIVERSITY d�VENUE N.E., FRIDLEY� MINNESOTA 66432 TELEPHONE ( 812)571-3450 September 5, 1980 NQTI�E 0� PU�L�V HEARING r��•eby given..;:h�t th� fi,?1��1s Ccamm•�ssicn uf the �ity �f Fridley i�c �� publ �� h�a►� � n� i� e�e g:.i ty' C01.11°ZC1�' ��:i�?mb�r, a� 643Z Uni�e�- �u� North��ast at ":�0 P.M. c�n Tuesday, September 16,�980, in �^egar� a7lowing rrcatter: Request for variances pursuant to Chapter 205 of the Fridley City Code as follows:. Reduce the side yard setback on the living side of the house (North side) from the required 10 � feet to �Five feet, reduce the side yard setback on the South side of ti�e house from the required 13 feet to 17 feet, incr.e�se the front yard setback from the minimum of 35 feet to 57 feet, reduce the minimim gross floor area of a single family dwelling from the required 1,020 square feet of finished floor area to 884 square feet, and t�e garage requirement 6e temporarily waived, to allow the construction of a new dwelling on Lot 9, Block 2, Hillcrest Addition, the same being 7107.Ashton Avenue N.E. Nat�ce is her�by given ti;at al.l ��rsans i�av�ng an 7i�.�e:^�St t��Y'eiti vri11 be given an oppor�unity io be heard ai ��e abowe tfine and place. �lIRGI�JTA SGH�VABLE +CHAI Rt�°GM1�N APFEALS COI�I��ISSIt3N Note: The Appeals Carranission a�a17 ha�e tt�e final action an this ;^eque�t, ur�less there are objec�ions from sJr•rounding neighbors, th� �ity Staf�, or the peiitisner does not agree wi th the C�rr^i ss i on' s deci s i on < I f an;; o�f these even �s oc�:ur, th� reques� wiil ca�tinue tQ fhe C�ty� Council thr�uyh the Plannir�g Ccm�nission with only a recom�nendatias� :F?"C�iD the App�als Comt�issic�n. .. �r '''APPE7iL5 COrL�IaSI�ON Septemi�pr 16 � 1980 page 6 �. - �� MOTI�N b� Mrs. Gabel� serorid�d by Mr� Barna� to close the pu%lic ..earing. UPUN A z70TCE VOTE � T�LL V4TING I�YE � CHAIg,Tn10r1AN DECLARED THE PUBLIC iiEARING CLOSEl� A� 9:28 P.M. Mt)'t'ION �y Mr. Barna� seconded By Mr. Pleanel� that the Appeals Co�nission recoitm�end to tIie City Counci3, tfirougii the Pl�tnn,ing Commission, approval oi tFie variance to increase the maxim�n �ieight of a�ree star.c�ing sign fr�m 25 feet t� 42 feet, located on Lots 16, ].7, 18, and ly, Block 13, Hamilton's Addition to Mechanicsvilie� the same being 531]. University Avenus N.E., Fridley, Minnesota. �• �9UEST FOR V?�RTAI3CES PURSUANT TO CHAPTF'R 205 O'� THE 'F''RID Fy ,�mv r�nnF AS FOLZOWS; REDUCE TiiE SIDE YARD SETB7�CK QN THE LIVING T:pE �F THE H(�iT F.� . CI+TQRiH .riIDE� 7:'ROM THE REQijIRE;D 10 FEET TO 5 FEET � REDUCE THE SII�Z''YA� SE�'B1�,CK ��.jF S�jT:� �Tnr nr mT�F u�11SF, F'R�'S;�rTHE RE()UI'RED Z3 FEET TO 11 �'EET, INCREASE THE FRODIT YAI2D SETBACK FROM THE MINII+'�UM OF' 35 FEET T(3 67 FEET, REDUCE THE MIPdIML�T� GROSS FZOOR AREA OF A SINGLE ~FAMILY DWELLING FROM 'I'HE REOUIREU 1,020 SnUARE F�ET OF FINISHFD FLOOR AREA TO 88d_ SOUARE FEET, �TU THE GARI�IGE REOUIRT�tE21T BE TEMPORARTLY WAIVED, TO ALLOW 'rHE CONSTRUCTTON t�F A NEW DWELLING ON_LOT 9, BLOCK 2, HILLCREST ADDITTON, TI� SAME BEIATG 71C� ASHTON AVENUE N.E. (Request by Richard L. Waltz, .13fl8-69th Avenue North, Brooklyn Genter, Minnesota 55430j. ' 27r• and I�s. Richard Waltz, 1308-69�f�. Aver�ue North� Brooklyn Cent�r� and Mr: Tim plunn, 4�52 Unity avenue Plorth, Mirir,za�olis., wsre preseaat. MOTION by Mrs, Gabel, seconded Fiy Mr. Barna, to apen the puhlze hearing. UPQN A VOICE VOTE, AL,L VGTING AYE� CHAIRWGNLAIV DECLARFD Ti� PUBT,r�' f�;1�RING OPEN AT 9;35 P.ri. ' Chaixraoman Scfina6el read the Stafi Report: AU`1ItJISTF.ATIVi: STAF� i2L'FQRT 71��:>hton Avenu� N.�, A. PUBLIC �URF'O�E S�R�/EI'� BY TZE�tJIP.I;i�iLidT: Section 205.OS2, �}J3, k��, z��zi�� y,�her.e a t�c�use is bui�.t without an a�tach��d garage on lot., up to �p feet ��i�e, a minimwn side lot requirement s1iall. be IlECf•SSc'iY'�' of Ip feet �n one s�_c:e and 13 feet on the other c�.a�. Public purposE served i;y thi.;� rcc�ua_rement is to allow access to the rear yard �cr a z:o:ssible dez�c:�ed garaqe at �ome later date. Section 205.1e�3, #�, s+�ates �oizere the �.verage o� the front yard depths of e�;isting buildin�s wzthin a clistancc oi' 1UC feet on both �ides of a bui].c�ing to be erectea is rnare than the rninimtun setback rec�uired, �hen �Ehe setback for the �roros,�d building c�uld be 6 feet more or less of this m�ii de�:th but in na case sha11 be less ttian the required setback for the dis�znce in yrhich such hlock is loc:ated. Pubiic purpose served by this re�.zir�n�nf: is +�a ensure that any new structures d� not greatly ampede the fro:it ��ard "line of sigh�" for the existing house sites. � � � r=-" F+ APPEALS CONII�ISSION September 16, 198Q Page 3 � Mr, Clark stated�that all roof eauipment must be s eened unless,it is low- profile and to iie painted to blend with the rest �the building. MOTION by l�lrs. Gabel� seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWONlAN SEHi`d EL DECLARED THE PUBLIC HEARING CLOSED AT 8:10 P.M. MOTION by 1+'ir. Plemel, seconded by Mr. Barna, hat the Appeals Commissior. reco�nend to tfie City Covncil� thxough tiie P anning Co�nission, approval o� ths variance o reduce the rear yard setbacY. fr m the required 25 feet to 2 feet to allow tfie nclosure of a loading dock, whi will increase the lot coverage of tfie main b'lding fram tYie m�xiinum co�era e of 39.5% to 47%, on Lots 3, 4� 5, 6� 7� 8� an 9, Block 6, Onaway Ac7dition the same being 7740 Beech Street N.E.� Fridley, Min sota, and that there be a written agreement with Actian PattErn Comt�.ny or Pa Construction for addit'onal parking. UPON A VOICE VOTE, AI,L VOTING AYE� CH RWOgTAN SCHNABEL DE TiIE MOTION CARRSED UNANIMOUSLY. 2� RE�Ot7EST FOR V IA VdP,F3VE THE RL'• 'RE FROM VIEW ON BL , > >. BLOCK 6, CARLSON' .--•-•-.-r-•----• � S�RD- �,VEiQEJE N . E . �, - Y'HE� 5A1�'!� $E2N6� 3� Robbinsdale, Minr. ES PURSUANT NT FOR A SC 1 AND 2� C 260, 5261 SUI�ZMIT MAN ��TD LOT l. -. 7 Ted Bigos, 6zsb+� Excelsior B 5920-3rd Street N.E., Fridl MOTION by Mr. Plemel, se UPON A VOICE VOTE� ALL V� HEARING OPENED AT 8;38 P Chairwoman Schnabel read 5542 C'�3A.PTER 220 OF TH.E FRIDLEY CITY CODE � TO ED ENCLOSURE 'I'� CONCEAL REFUSE CONTAINER .,L�SO-N�S St7M1uIIT MANOR ANNEXr THE SAME BEING 5290 230,. AND 5231_3RD STREET N.E., AND LOT 33l NOR'�H ADDITION, TI3E SAME BEING 213-219 �K 7 i CARLSON' S SUMN:IT MA�TOR �70�2TH� ADDITION .E. CRequest.bg Ted Bigos, P.O. Box 22464, vard, St. Lova.s Park, and Mrs. ,J.B. Carlso��, were present. b Mrs. Gabel, to open the pubZic hearing. AYE��CHAIRWOMAN SCHNABEL'DECLARED THE PUBLIC Staff TRATTVE STAEF 5290 - 3 d Street N.E. 5291 - 3 d Street N.E. 5200 - 3 d Street N.E. 5201 - 3r treet N.E. 5260 - 3 d Street N.E. 5261 - 3rd S eet N.E. 5230 -�rd Street N.F, 5231 - 3rd Str�� t N.E. 213.-21� - 53rd Avenue N.E. 305 - 53rd A� nue N.E. A. PUBLIC� PURPOSF�,r`SFRVED BY Section 205.078, 4, requires that garbage receptacles mYist be in either tFie rear or side yard and �ust be screened from public view by a 6 foot approved fence. Public pur�ose served by this requirement is to reduce visual pollution in tfie front yard and to.lessen the occurrence o� garbage and debris being scattered aF�out the property or being blown onto adjacent properties. , - �-:� .A �t ' APPEALS COMMISSION - Szptember 16� 1980 �age 7 Section 205.054, 2A, �1, re.�uires a minimum �f 1,020 square feet of living area in a one story single faraily duelling ur.it of three bedrooms or less. Public purpose served by this requirement is to provide adequate house size and living area in residential buil�i:�gs. 5eetion 205.055, �A, requir.es all lots havin�! a minimum lot area of 9,000 square feet to have a minim�n of a si ngle stall gax�zge. Pub].ic purpose served by this requir�nent is to provide adequate off-street parking area and storage during.inclement weather as well as to house goods and materials which would otherwise cause visual,pollution. B. STATEll iiARDSHIP Variances are needed because of; the size af lot for the style of home; all the bigger house w� can afford; the home can be enlarged at a later date to mee� the Code; the garage �sill be built at a later date becausa w� can't qualify for fihe mortgage package with a garage at this tirie; and so the house will fit on the lot. C. ADMIIdISTR1�TI��E ST11FF F.EPQRT: This 3ot is the most soutnerly lot in HilZcrest Addi�ion and is adjacent en the sou:.n to the back yards of lots facing -Hkckory Stt: eet. lhe lot to t2�e- narth has a new house�being erected on it with a fronL yard setback of 5� feet and a southerly setback of 14 feet to allow for driveway access to ta'�e back yard. The house, as ��roposed, and the attached garage anci house addition, as prorx�sed at a later date, if built at this time would me�t all of the Code requirements except there would be 19 feet instead of 20 feet between adjacent livinq areas (lot to Narth). The applicant states that the g�.rage and house addition can not be built at this time because of tYie restrictions on the mortgage loan, bu� that �hey do in�end to construc�c the garage and addition at a Iater date. Variances have heen grantEd on oth�.r. 50 foot lots in this addition for side yard setbac}:s, dwelling unit square footage, and wai�ing the garage requirement for. a specified time period. ' Mr, Clark reported that there is-a 12 foot easement along the south side af the lot gxanted for sto�-m sewer and this house would encroach one foot into that easement. He said the City has the only utility in that easement and the Engineering staff told him that they have no objections to this one foot encroachment, If the variances are granted, the Ci�y should start proceedings to vacate one foot of that easement, which would take 6 to 8 weeks. Chariwoman Schnabel then suggested that the City send a letter of intent to vacate to Mr. and Mrs. WaZtz. Mr. Clark also mentioned that there sfiould be a stipulation abont b2acktopping and the garage being built at a later date. � ' ` ; . . APFE7�S �OM["IISS�ON - Se�ez�e� 1,6, .�9�t3 Esacta 8 � Cfia��waman Schnab�l asked Mz. W�:lt�- ii� fi� .-understo�d abcrc►t b].�cktagp?.ng. a: .; �... . _ sect�on a� th.e drivewa� anc�' tfiat �fi�.s' a.s a x�x�,ui�ement fox o�fst�eet garking:, . _ _ . . He saida �e vriderstaod 'but that the -bLack�oppirig° may fiave to w�i.t uriti� �ext ; � . Springf ' . 1+�TIC?N ' by l�s. Gabe]. r. seCOnc%d F�y I�ir. _.: p le�iiei, �o close. �the pub].ic ,Iaearing. . ; ' _ i7'PQAt A'�QICE VO�� RLL VOTI!YG 1�1:Y�,•. C13ATRT+Ta1�T SCHNA�EL DECL�fR�i? �:PUBLIC , �IEA�tIi+T+G Ci,DSEt3 �ifi 9 : 50 F.M, ` . . ' _ 'a I�ION by 'bir. Barna, �econded by Mrs, _�abei� to apprc�va the rec�es� to r�duce tlie sid� yarr3 sat.�saak Qn the liair�g sid'e af the hous� Cnartfir �`i.c3ej from �h� _ r�qni:�e� 30= feet to 5.feet f' reduce tI1� sid� �axci setback an: �e �zxu�h side .ai . tI� house �rom the �equirecT 13 feet. to �1`.�ee�r, ;ancrease the %�nt yard se� : b�tck fron� �i'ie mxi.nimum of 3� fee� ta 67 iee�, r�duc� th�e m3:niu� gross f��o� , _' a��a .o� a sing�.e fam.i.ly� d�ell%ng �rc�an; '�.� �-zsquired 1,020 sc�a.are feet of °, �..; - '= f�.riish�d fl.oer are�. �0 884 sc,�are� €+�et, an8 t�i� garage requ3.�e�+aent be te�.nporarily _ tva3.ved '�n�i� S"�p�Eember l, 1982 �Q; a��owr t�� 'cans�ru�tit�n t�t a ne� dwel�.�.ng on : T�� 9� :81.c>Ck 2r'��i3.1.1Cr@s� Addi�i:o�.� the �a�a being 71�1�sIiton Avenue N.E, � F7r'idie�, Miruies4t�. UPflN A iiOiC� VOTE, PiL�, �7tYPSNG AYE, CHAIR�7�N SCFiDiABEL ' _ �FC�I� TH$ MC�1'ION �ARRSED IINANTM�}USI,3L'. ' - ; ADJ4U�3'iMENT � . AK?TIaN- Fsy �s. Gabel, se�onded by �. Barn�r tt� adjouxn the anee�ing. �OI� 1� � , .'�)2CC� Z7t�T�.� ' ALL �OTII�TG AYE �` Ci�A28S�TQI�lAN SCFINAB�L 3?ECI� TH� �PEATS �C}P�E?!�� I�31�T �'��YG .�' . ;:��B�R 1.6 � 1980 � �JQURNE� �T �.� s 05 P .M. . '�_�= �� 1�es��ul1;�,r su�imitted� : . - „. itieb Nixnik, -Recdx+ding Sec�e�ary> : . e.: ,: r, _ _ ` , ; ; ,. _ _ _ , �'�7.9�$� ' . - _ , ,�.�-� pLAT1Nz�.G COMMxS��.,ON ME�T�NG,_..SE�TEEiV[[BER_24,�..2$� _.. .. .— PAG� 16 ,. -`�. , ` �a mr. Boardman stated that yes they would be adequate. • �I�. Perkins thanked the Commissi.on for their indulgence, �stated that if there is any further information that i�edtronic;.t�ould supply them with, that they would be happy to do so. �' � � TZON by Ms. Hughes, seconded by Mr. Treuenfels '"that after looking at he EAW from �Iedtronics� they would recom.me that the City Council, dire t their attention to these specifics; t e restriction the PCA ha put vn the dewatering, during cons uction, the locating of a pa 'ng lot, the requirement ior we s, and the statement on title tax records. We would al o caution the City Council, on that they ve some interest� in eeing what could be done to mitigate traffi on this site, i�%onjection with Onan, and that they might want -�o nsider cost sharing on any sig�aTization that might be required in t imme %ate areas intersections. . UPON A VOICE VOTE, AZZ VOT, AYE, CHAIRM�N HARRIS DECLARED THE � MOTION PASSED UNANIMOU 5'LY � �. VACA.TION RE�UE°�T a SAV 80-0 , P TION 8-1980 = 100f Agree- ment to vacate a ley in Block '�, Hy Park, located in the 6000 Block between `" d Street and 2a Stree .E• MOTION by Ms. ghes, seconded by Mr. Treuenfe to recommend to the City Cour�. � 1 approval of Vaeation Request: SA #80-09, Petition #8-1�80 s 10�°I A�reament t�� vacate alle� i�r;�lock 7� de Park, � located i the �i000 �31ock between 2nd S ��cet and 2� St et N.E. with th�tipulation ior an utility easement. � � UPO1�`'�A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARRIS DECALRED THE MO�TON PASSED UNANIMOU SLY. � VACATION REQUESTs SAV #80-14+ Richard Waltz: Vacate the � 5� Northerly 1 foot of a 12 foot drainage and utility easen�ent, located on the South property line of Lot g, Block 2� Hillcres� Addition, to allow a new dwelling to be constructed without encroaching on this easement, the same being 7105 Ashton �Avenue N.E. Mr. Harris questioned if this item had coane to the Appeals Comm- ision for a variance? � Ms. Schnabel stated that yes it had. Mr. Boardman stated that there is a house being built on this property, and the house is being built within 11 feet of the property line, and there is presently a 12 foot easement. He stated that engineering staff ha� no problem, if they want to drop it from 12 f�oomt�he1en ineer ngsdepartcnent o�ethis item. several requests r g � � � �. � � 5, � : � � e. E- � � . �-°.°. PI,ANNING_COMMISSIDN, _SEPTEMBER 24, 1��80� _. __________PAGE_� . ;� �,� He stated that this is the access the City uses to get back to the pand for maitenance work. He stated that the proposal is for a portion of this 12 foot easement to have a driveway over it, and there is a pipe that extends �hrough that easement. It is the owners intent to extend that pipe, so that it opens up beyond the house. He s-tated �he stipulation would be that this extentsian must have approv�.l from the engineering department. Another s�ipulation would be �hat the owner must keep that easement free from all barriers, fencings, and any plantings, etc., so that the City would be able to get their vehicles back to the pond. Discusion ensued about any other means or ways of having access to the pond axea. MOTION by Ms. Schnabel, seconded by M r. Oguist, t� recommend to City Council, approval of Vacation Requesta SAV #80-10, by Richard Wa:ltz; to vacate the Northerly 1. foot of a 12 foot drainage and utility easement located on the South property line of Lot 9, Block 2, - Hillcrest Addition, to.allow a new dwelling to be constructed without encroaching on this easement, with the following stipulations: A. As requested by the City that the resulting 11 ioot easement, be kept free and clear, from any future �lantings or obstuc- tions, that migh-t impair access, of City Vehicles. B: That at the owners expense the pipe will bs extended, and approved by the City Engineering staff. . iJPON A VOICE �T�m�, �.I,L VOTING AYE, CHAIRNI�N � HA.RRIS .DECI�ARED TT-�' `° MOTION PASSED UNANIMOUSLY. 6. CONTINU�D : PU BLI C HEARING s AMENDMENT TO CHAPTER � OF T�iE� FRIDI,EY �ITY_CODE, GENERAI,LY KNOG�N AS THE FRID�ONING CODE. Mt� ON by Ms. Hughes, seconded by Mr. Treuenf��.-'s to continue this item. UPON A CE VOTE, ALZ VOTIIVG AYE, CH�I AN H�.RRIS DECI,ARED THE MOTION PA ED UNANIMOULSY. � 'j, RECEIVE__� AN RESOURCES C_ O�I5SION MINUTESs SEPTIIVIBER �, 1980 MOTION by M r. Treu nfels, seconded by�Vlr. Svanda, to receive the September �, 19$0 Hu esources Commission Minutes. UPON A VOICE VOTE, LL VO�NG AYE, CHAIRMAN HARRSS DECZRED THE MOTION PASSED U IiVIQUSLY. � Mr. Treuenf s explained the met d that the Human Resource comm- ission u d in arriving at the sco -�otals for priorities in fundi . He stated that the results re; Central Center for Fa ' y Resources-80 points, S.A.C.A.-77 oints, and Alexandra ouse-7� points. He further explained tha the Commission still had questions and reservation about the fundi � for the Alexandra House, as it did not fit into their guidelines, � cause the request for funding was for an information filmst�ip, not di`ectly to the home. �.� PLANNING COMMISION � SEPTEVii BER__2�. 1�0 __ __PAGE 18 � • �_. _ . __ . . - -- �-- - -- fi-- y `� .� Ms. Hughes stated that she would agree because few foundat�s will fund films anymore, because they are very expensive, and ecome dated quickly. She stated she would rather have the mon y go directly to Alexandra House for direct needs. Mr. �r�nfels explained the variaus organizatians, a�d their request for funding to the Commission. S MOTION by r. Treuenfels, seconded by Ms. Hughes, to recommend to the Cit Council, that they fund the Central enter for Fa.mily Resources, he $5,000.00 as requested, and $2, 0.00 for S.A.C.A. and $2,�00. 0 for Alexandra House, wi�h the ecomendation that the funds be pent on actual services of the ouse. - M s. Hughes que tioned if it was wise to fu d the money to the Alexandra House for something other than or what they had requested funding for. Sh stated that she felt t at they were certa.inly � as worthy as the thers, because of th r scoring, for funding. MOTION by Ms . Hughe , seconded by Mr. Oquist to asnend the Motion to reada the $2,500.00 for Alexandr House be used for the'service and administration o the House • M s. Schnabel questione if this uld also rule out them using the moneyfor an education purpose, other than the film? Ms. Hughes state3 that•wa one of the t;�:�gs tha± �akes her un- camfortable about giving t em the money witho-ut them having asked for it, or until they come ck and ask for monax for some�hing else. UPON A VOSCE VOTE AI,I, MOTION AMENDED. , CHAIRMAN HARRIS DECI,ARED THE tTPON A VOICE VOTE ALL VO ING AYE� IRMAN H�,RRIS DECI,ARED THE AMENDED MOTION PASSED U ANIMOUSLY. 8. RECEIVE APPEAL5_ C i_ ISSION MINUTE SEPTEMBER 16, 1 80 MOTION by Ms. Schnab 1, seconded by Mr. �euenfel„ to receive the Appeals Commiss'on Minutes, of Septemb�r 16, 1980. M s. Schnabel stat that regarding the last i�quest on page 6, of the minutes, t at this fellow wanted to put�up a small structure, because he felt hat he had a definite problem i�cons�ructing the entire hous at this time, and within a. yeaxs �ia�e, he planned to add on a f ly room and a garage, which is typi 1 oi this area. She stated tha she thinks this is fa.irly typical of he kinds of requests that they are going to be receiving from youn eople, because it i a very low cost way of the!n to get into a ngle fa.mily home, if they are to get into one at all. She s�a: �'�Jthat it may seem,like a lot of variances, but that the Commission felt that if it helps them get the type of single family house that they want then they should bend the rules a little bit. Also she stated that this person was very positive in that the home would be co�npl�ted. . '� �I �d 'i' � � i ��i G PUBLIC HEARIN6 MEETING OF NOVEMBER 10, 1980 PA6E 3 Mr. Jeff Schmidt, representing Chicago �orthwestern T ansportation Company, stated he has reviewed the legislation and City ord' ance and it seems quite clear the land dedication or cash paym.ent is at e option of the City. He st ted it was his interpretation of the ordinan e that it requires one or the other, but not both. Mr. reshi, City Manager, stated the plat ng ordinance provides the City c�n r quire dedication for road right-of- ys and easements to properly serve he area and felt this requirement and the park dedication were two seperat issues. Councilwd an Moses questioned the pl ns for these properties. Mr. Jensen stated Mi nesota Transfer is owned ointly by nine separate railroads and the proper y would be distributed o two railroads who would offer it for sale for de elopmental purposes. Mr. Herrick ked if Minnesot Transfer owned property to the East. Mr. Jensen stated arter-Day own 16 or 20 acres irmnediately to the East, however, to th East of Ca er-Day's property, the railroad owns additionai property. No other persons i th audience spoke regarding this registered land survey. �� MOtION by Councilmar�� rnette to close the public hearing. Seconded by Councilwoman Moses,� Up a voice �vote, all voting aye, Mayor Nee declared th� motion carrie�d unani usly and the public hearing closed-at 8:18 p. m. Mavor Nee stat�d this item w ld come before the Council at the next meeiing a�i�i in the m�ntime, the City torney will review this matter and submit his opinion, TE - : MOTIO(�y°by Councilwoman Moses to waive the readi of the public hearing notice and fien the public hearing, Seconded by Councilm Schneider. Upon a voice vot , all voting aye, Mayor Nee declared the motion ca ied unanimously and th public hearing opened at 8:19 p. m. r. Flora, Public Works Director, stated a 1001 petition has be received from property owners along 2nd and 2-1/2 Streets to vacate the alley b een 60th and 61st. He stated the Planning Commission reviewed the request an has recommended approval with the stipulation the City maintain a utility sement through the alley. No persons in the audience spoke regarding this vacation. P10TION by Councilwoman Moses to close the public hearing. Seconded by Councilma� Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closes at 8:20 p. m. � PUBLIC HEARING ON VACATION RE4UEST, SAU #80-10, TO VACATE 12 FOOT DRAIP�AGE AtJD UTILITY EASEMENT, 7107 ASHTON AVENUE, RECHARD WALTZ• 140TION by Councilman Fitzpatrick to waive the reading of the piubldc heari�g�-not�tce and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vot,e, all voting aye, Mayor PJee declared the motion carried unanimously and the pub3�i hearing opened at 8:20 p. m. Mr. Flora, Public Works Directar, stated when the Hillcrest Addition was platted, a pond was constructed to the back of several lots and the owner of Lot 9 is now requesting vacation of one foot of this easement in order to allow construc- tion of a home on the lot. PUBLIC HEARING MEETING OF NOVEMBER 10, 1980 PAGE 4 � c� ..l Mr. Flora stated the staff has reviewed this request and has no object on to the one foot encroachment, but if this is granted, there should be a stip ation that the remaining 11 feet be kept free and clear from any future pl tings or abstructions that might impair access of City vehicles and, if the wner decides to ext�nd the drainage cu]vert, it would be at the owner's expens with City approv 1 of the construction. Mr. Wal , the petitioner, stated he has s-igned forms with t City stating he would al ,ow them access. MOTION by`Councilman Fitzpatrick to close the public hea ng. Seconded by Councilwoman Moses. Upon a voice vote, a11 voting aye Mayor Nee declared �the motion carried unanimously and the public hearing closes at 8:25 p. m. 11 6 MOTION by Counci�jman Schneider to waive tne r ding of the public hearing notice and open the pubT�ic hearing. Seconded by Co cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared t motion carried unanimously and the public hearing open,ed at 8:25 p. m. Mr. Flora, Public Works Director, stat *.here was a 100% petition received from the property own'srs to ��acate th aliey along Lots 1 through 4, Oak Grove Addition and the alley`,easement alo Lot 12, Moore Lake Park Second Addition. Mr. Flora stated the sta easement can be obtained drainage and utilities. No persons in the audience has no bject9on to this vacati•on as long as a 10 foot ong t e westeriy portion of the alley right-of-way for regarding this vacation request. MOTION by Councilman Schnei er t close �fie public hearing. Seconded by Caun-- ' , cilwoman Moses. Upon a vo ce vote atl v��ting aye, Mayor Nee declared the motTOn carried unanimously and e public earing closed at 8:27 p. m. PUBLIC HEARING ON VACAT ON RE UEST, S #80-12, PETITION #10-1980 TO dACATE ALLEY EASEMENTS, BLOC 9, BERLIN ADDIT N, OWNED BY MINNEAPOLIS WATER WORKS: MOTION by Councilman Fitzpatrick to waivz the reading of the public hearing natice and open the public hearing. Secoii d by Councilwoman Moses. Upon a � voice vote, all vo ing aye, Mayor Nee de.cia d the motion carried unanimeusly , and the public he ring ope.ned at 8:28 p. m. i ; �' Mr. Flora, Publi Works Director, explained this request is from Minneapolis Water Works, wh owns all the property, therefore there is 100% petition to vacate the all y. He stated staff has no problem ith this vacation request. No persons ir� the audience spoke regarding this vacat°yon. MOTION by�un�cilman Fitzpatrick to c1osE the public he'�ring. Seconded by Councilwom n Moses. Upon a voice vote, a'�1 voting aye, t�ayor Nee declared the motio carried unanimously and the public hearing clo°s�s at 8:29 p. m. MOTION by Councilman Fitzpatrick to waive the reading of the p� lic hearing notice and open the public hearing. Seco�ided by Councilwoman Mo es. Upon a voi e vote, all voting aye, Mayor Nee.declared the motion carri d unam mously and � e public hearing opened at 8:29 p. m. � r _ r � ;.� i . - - -- _ __ - - - ____ _ --- - -- - -'��'A-� -- . _ _ _ _- - ` ° , lt THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 1, 1980 The R�gular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: , MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, ' and Councilman Fitzpatrick MEMBERS ABSENT: Councilwoman Moses APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 27, 1980: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' REGULAR MEETING, N011EMBER 17, 1980: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. a OPEN FORUM, VISITORS: There was no response from the'audience under this item of business. OLD BUSINESS: ORDINAfdCE N0. 723 TO VACATE 12 FOOT ALLEY, 6000 BLOCK BETWEEN 2ND AND 2-1/2 STR ETS: , -- t40TI0N by Councilman Fitzpatrick to waive the second reading of Ordinance No. 723 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 724 TO VACATE ONE FOOT DRAINAGE AND UTILITY EASEMENT, i^) 7105 ASHTON AVENUE, RICHARD WALTZ: �tvv MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance fdo. 724 and adopt it or the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINA�dCE N0. 725 TO VACATE SIX FOOT ALLEY EASEMENTS, OAK GROVE AND MOORE LAKE PARK 2ND ,4QOITIONS: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 725 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � :,G REGULAR MEETIN6 OF DECEMBER 1, 1980 PAGE 2 ORDINANCE N0. 726 TO VACATE ALLEY EASEMENTS BLOCK 9, BERLIN ADDITION OWNED B MINNEAPOLIS WATERWORK : MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 726 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ORDINANCE N0. 727 TO VACATE ALLEY AND THREE STREETS, BLOCKS 2, 3, 4 AND 5, BERLIN ADDITION, BURLINGTON NORTHERN: MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 727 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT, PS #80-02, REGISTERED LAND SURVEY, MINNESOTA TRANSFER RAILWAY (TABLED 11-17-80): Mr. Herrick, City Attorney, stated he had a meeting with four representa- tives of the railroad and felt some progress had been made. He stated there was a lengthy discussion about the issues and it was his under- standing one of the objections they had was the alternate route of the bikeway/walkway. He stated this item has nrnv been finalized and there would'nt be an alternate route, only a final route. Mr. Herrick stated, in regarding to granting of the easements, it has been the City's policy that easements of this type would not effect the setbacks or the size of the buildings that can be placed on the property. He stated the amount taken for easements will be considered both for set- back and lot coverage purposes. Mr. Herrick stated the question of the park fee, if one was paid at this time, was if there would be any additional park fee at the time the building permit was issued. Mr. Herrick stated he has advised them the park fee is a one time fee. Mr. Herrick stated he believed there are representatives of the rail- road present this evening and there may be s ane questions. Mr. Flora, Public Works Director, outlined the property in question which is a section along 73rd and Universi•ty Avenues consisting of three tracts, A, B, and C. He stated, during the Planning Corrmiission's revi�v of this property, certain stipulations were raised. One of the stipula- tions was the establishment of an easement for an additional street and a bikeway/walkway right-of-way along 73rd. He stated it was determined that an additional 10 feet was required in Tract A to provide additional street easement for five lanes and a 15 foot bikeway/walkway easement along 73rd. Also, the identification of the normal 66 foot street right-of-way in Tract C and a 15 foot bikeway/walkway paralleling the right-of-way and providing a north/south bikeway/walkway process. Mr. Flora stated.a 15 foot bikeway/walkway along University Avenue has been previously discussed, however, it has been determined that the City would plan for a bikeway/walkway paralleling the service drive and would not require the 15 foot bikeway/walkway easement along University Avenue, however, the easement along 73rd would remain. Mr. Wayne Serkland, representing the Soo Line Railroad, stated, from their standpoint, there is an additional problem and he didn't see any written Planning Coirenission order as to what would be required in this plat. He stated they would agree to the bikeway/walkway ease- ment and have assurances this can be used in the setback. Mr. Serkland �_, __ .