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AF-V - 41952.�� � .� 8��a4T City o��r�d��y . AT TIIE TOP OP TME TNi1NY r� APPLICATION TO BOARD OF APPEALS : • r rL'��'�"� GORiNUNITY DEYQ{.O�IENT OIV. � �� � M�ECTivL M+�i[CT10'V 0�►'� � �` � �---1 i pTtl N�.LL IRIOL6tl bME L___..1`% �.J N3��W'3�l0 nMrC�lll Ni�• OATE - PA4E OF � v Br 1 . 2 80� Name � Address �� /-�r/��'fo.� phone /I�Q�'/�1u-� CI� /O�S%'C � 4% ��3- Lega Lot No. B1 c o. Tract or Addition Desc. Variance Requested (Attach plat or survey of property shawing location of proposed building, etc., including adjoining properties and awnership within 200 feet of said property.) � . _ °�2oN r ,yq 2.� - �s ' i o �� .'7 �/�D Fl3� �Z/1'� o � i � i . �t/. . ��� �/ f �% ��'��t�t�/9'e�'lz���'�'�Y ' Meeting Date �-- Fee Receipt iVo. . . ���t��l'�/97�( /soo `7l�10 Opinions and Reco�nendation by the Bo�rd of Appeals i„na il�,l9��1 � � . � �Ile�,l 1� LI /�! Ci D 1%`� \ ��.1 �,`/ 7 r%'� _ For Above Reco�endation Against Recomnendations � ,.. • C ty Council Action and Date. • / � C �'-�.=1a �`� ��e ��r.aE �° d`i� � ' �� _ °�w P�:'_.�''�,� �% ' C_.�/�►C�.('�C/`l� C� � ��D �).t'�'��'� ��n C� '�.° �0 ��t� ' �/ , ,.,, � • . . � � �:_ City oi Frid�ey •�•�eGT =�'� APPLICATION TO BOARD OF APPEALS ,. � AT TNE TOP OP TM[ TwINY � � � r � L-------� COtdMUNITY DEVQL�ENT OIV. (Staff Report) � � r110'f[GTiNR �ILAgCT1pN ��'1: t i •���•1 i CITY N41.4 �i010LtY �6�Q • , �.._�1�.� �.J a�-sw"3tOQ N�Mi�11 R6Y pAT[ PA{E OF ROV Bv 910-F23 0 2 15/73 2 2 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of ineeting by t�(,� date notified, and "Yes" or."No" for plans o at Name . �. List members, tring . . Date Plan to Attend _/_ t/sc C U � - � s Peraon making appeal and the fo owing property owners having property ithin 200 feet notified: . Phone Notif ied B Name �Date .or Mail (Initial) � .S �' -- `3 `'�? � y� ,ct( • � � 3F � � �, _ ' ° � ovc� - 3 � " � �. •� � � � a� ° _ �- o ►�. , %k�-� . �o �a� � , . % ,%. B ll �a �„ �� B� 0_�/*,� i.� n �r �-A .� 4� � 5�1��Il�/l�l/i� �� 1!_J� t l .Lt ., �� 1i : . ., � ., � • � �_ � . :. .�f� � MEMO T0: MEMO FROM: MEMO DATE: SUBJECT: �'i ' �', v�� �_ A � Yt/�{ f D � � �S � ����` � � City Manager and City Council Jerry Boardman, Planning Assistant June 5, 1974 Report and Staff Recommendation on Variances to be Considered by Board of Appeals June llth The Board of Appeals have two items on their Agenda to be considered at their meeting of June 11, 1974. Due to the fact that the week of the 17th is the "Silver Jubilee" week and that it would certainly be preferable not to have any Council Meeting on June 17th, it is the Staff recommendation that the items be considered by Council, with the action being contingent upon the. Board of Appeals action to be taken the next night. The first item to be considered are variances for Paco Masonry, Inc., 78Q1 Elm Street as follows: 1. Rear yard setback from 25' to 24.5' 2. Parking off bldg.from 5' to Q' (rear yard) 3. Side yard bldg. setback from 15' to 0' 4. Side yard bldg. setback from 35' to 25' � - � The rear yard setback from 25' to 24.5' and parking off the building as well as the 0' sideyard setback has been generally a planned procedure in this block and is following a patterned development. These variances had been granted on nearly all of the buildings on the block a�.d can also be granted on this struc- ture. It should be noted that similar building protective meas- ures will be needed for variance #2. Before #4 is granted he shoulct have a good reason why he needs a 55' buil.ding instead of a 45' building. This variance has not been a regular variance for this block and should at least maintain this required set back so as not to set a pattern for the same variance in this area. Also, it would provide more area for loading and screening of the loading facility on the street side, if this variance were not granted. � Memo to City Mgr. � City Council Page 2 June 5, 1974 Report on Bd. of Appeals Variances for Mtg. of June 11, 1974 The second item for consideration is a front yard setback variance reauest from 35' to 22.7' for Mr. Norman Taylor, 590 Fairmont Street N.E. The existing garage is at a setback of 22.7' from the front lot line and the petitioner would like to build a house on the lot at the same setback. He will also match the setback of the house to the rear on Broad Avenue and will be back from the existing house to the west. The variance as requested poses no problem and could be granted in order to keep the accessory building out of any portion of the front yard. JB/jm CC: Darrel Clark, Community Development Adm. 3A OFFICIAL NOTICE CITY OF FR2DLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, June 11, 1974 to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 22.7 feet to allow the construction of a dwelling to be located on Lots 25, 26, 27, 28 and the west 10 feet of Lot 29, Block J, Riverview Heights, the same being 590 Fairmont 5treet N.E., Fridley, Minnesota. (Request by Mr. Norman Taylor, 1803 - lOth Street N.W., New Brighton, Minnesota.) Anyone who desires to be heard wi�h reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN BOARD OF APPFATS ' THE MINUTES OF THE BOARD OF APPEALS 5UBCOMMITTEE.MEETING OF JIiNE 11, '1.974 ,. - The meeting was called to order by Chairman Drigans at 7:35 P.M. � , MEMBERS PRESENT: Drigans, Crowder, Gabel, Plemel, Wahlberg MEMBERS ABSENT: None OTHERS PRESENT: Howard Mattson - Engineering Aide MOTION by Crowder, seconded by Gabel, to approve the minutes of the May 28, 1974 meeting as written. Upon a voice vote, there being no nays, the motion carried. 1. A REQUEST FOR A VARIANCE OF SECTION 205 053, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACY. FROM 35 FEET TO 22.7 FEET TO ALLOW THE CONSTRUCTION OF A •DWELLING TO BE LOCATED ON LOTS 25, 26, 27, 28, AND THE WEST 10 FEET OF LOT 29, BLOCK J, RIVERVIEW HEIGHTS ADDITION, THE 5AME BEING 590 FAIRMONT STREET NeE., FRIDLEY, MINNESOTA, iRE4UEST BY MR. NORMAN TAYLOR, 1803 - lOTH STREET N W, NEW BRIGHTON, MINNESOTA.) , Mr. Roy Taylor, general contractor and brother of the applicant, was present to present the request. MOTION by Crowder, seconded by Gabel, to waive reading the public hearing n@tice. Upon a voice vote, there being no nays, the motion carried. Mr. Taylor explained the buildings to either side of the proposed dwelling have less than the required 35 foot set,back. He said they would like to line this house up with the existing garage that is set back 22.7 feet from the Fairmont 5 treet property line. He said this location will be more convenient in getting from the house to the garage. He said they would also like to line up with the dwelling that is set back 19.9 feet from the property line along Broad 5treet. Chairinan Drigans asked why they are tilting the house. Mr. Taylor answered for appearance-wise mainly. He added this will prevent cutting dowrn several trees and will give more privacy to the back yard. Chairman Drigans asked why the house can't face Fairmont Street. Mr. Taylor said it �ould, but this positioning will make a much nicer corner. He said this location will also prevent the possibility of selling off part of these lots for another building site. Mrs. Wahlberg asked if there are any other houses in this area that are tilted on the lot. Mr. Taylor said he did not know of any. Mr. Crowder asked if the garage had an existing hard surface driveway. Mr. Taylor said the garage is a block garage and has just a gravel driveway. Mr. Crowder asked if there was a house on this lot at one ti.me. Mr. Taylor said the garage was built some years back and was part of the adjacent property to the south. He said when they sold the land, the garage went witla it. Mr. Crowder asked if there were plans to enlarge the garage and Mr. Taylor answered it would be used just as it is now. Mr. Crowder asked how the house would be located if the variance was denied. Mr. Taylor said he really didn't know. Mr. Mattson stated another thing is that Broad Street takes a jog at this location, so if the house would be turned to the nortlz properly (parallel to Fairmont St.j it would look down Broad Streete The Minutes of the Board of Appeals Subcommittee Meeting of June 11, 1974 Page 2 �_ Chairman Drigans asked what is on the lots to the east; Lots 30, 31, 32 and 33. Mr. Taylor said these lots are part of a hill that is about 15 feet above the road level. He said he believed the lots are buildable but there would, in his opinion, be problems building a house on them. Mr. Mattson mentioned the variation in the setbacks would not be as apparent here� as where the land is flat. Chairman Drigans said another fact to consider is traffic visibility. He said on a corner lot this is a big consideration. Mr. Crowder said he didn't think he would like to see the house not tilted�and have a 22.7 foot setback. He said the visibility is better as the house is proposed than if it met Code. ' Chairman Drigans said t�e hard'ship seems to be keeping the house in line with the garage and the adjacent dwelling and saving the existing trees. MOTION by Wahlberg, second.ed by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans informed the Board that this ite� was before the Council on June 10, 1974 and the Council will concur with whatever the Board decides. Mrs. Wahlberg said she doesn't find any.strong objections to the variance other than the fact that the request for the 22.7 foot setback should be predicated on the fact that the house be tilted as proposed on the survey dated May 30, 1974. She said she did not wan� the house to be changed to be parallel to Fairmont Street and she felt that if it was changed, tha.t it would need anbther variance and come back for review. MOTION by Wahlberg, seconded by Gabel, to approve the variance request with the stipulation that the house be located.as proposed on the survey dated May 30, 1974 and if the location is cha.nged to be parallel to Fairmont, that the request come back to the Board f�r reviewe Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE I�S FOLLOW5: SECTION 205.134, 4C, TO.REDUCE THE REAR YARD SETBACIC FROM 25 FEET TO 24.5 FEET; SECTION 205.1340 4B, . TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO ZERO FEET; SECTION 205.134, 4B, 2, TO REDUCE THE SIDE YARD SETBACK ABUTTING A SIDE STREET QF A CORNER LOT FROA4 35 FEET TO 25 FEET; AND, SECTION 205.135, lE, 4, TO REDUCE THE SETBACK BETWEEN OFF STREET PAkKING AND THE BUILDING FROM 5 FEET TO ZERO FEET, ALL TO ALLO�V THE CONSTRUCTION OF AN INDUSTRIAL BUILDING TO.BE LOCATED ON LOTS 29 AND 30, BLOCK l, ONAWAY ADDITION, THE SAME BEING 7F301 ELM STRErT N.E.� FRIDLEY, MINNESOTA. (REQUEST BY PACO, INCORPOf2ATED, 5920 KIRKWOOD LANE, MINNEAPOLIS, MINNESOTA 55442.) No one was present to present the request. . Chairman Drigans stated this request was before the Council on June 10, 1974 and the Council tentatively approved three of the variances but did have strong � reservations about the variance to reduce the side yard setback abutting a side street of a corner lot from 35 feet to 25 feet. He said the ali:ernative for this variance would be to reduce the building size by 10 feet to meet the setback. � � � r � � t � �. �5 4�. �� � �; � a. ,? �. ,�� - � r a'.. � z. i�l� .�3.. ' `r � �, - :M, 4�: �"s 4�01 td.�. �TM STi3��Y COi.l96A�3i�i t�Jf�l�?�lY� flB$79 � '7QD0-3f►Q�4 1 P�SaB€�Y G'2RTIP�'Y T61AY YNI� p�JRbC�C'd. WLdpp1. OPd pl4SpOF3T !�lq� 6agggpAWgD BY ML� OR UND�At LriY DORS�CT F3NPBplVI�1�lV BaDd� TD$A4 1 Ap1 A�9I.Y �l�T�D 6AR9D E3616tlJ6Y0� UMD�R TH� LAC� Q9 Tli� �TAYlS OP MINVdHI�OTA. DAiF M��t 3c� ��-T� ��^^--� ��•.�� SCALE.1"� �� R�i6�N��0YA ��CaISi�?�T106�! RlO. 5332 a= 1�20Pd MOtVURA�f'�T � G �� 6� �� �-� � � 7 , ,� Q 1 � � � ' r � a o0 � o �- . o� ;� � � ��� � �- h � d �- V• "`�^ � �o J � Q �� F P,�� l �20 �� fi c�j�. � � � - ^ �- -,�o � LO � � .5 � � � � Lots 25,26,27,28a and iche �est YO fe�t of Lot 29, 61ock J, Rivev�view Heights. Ae�o�a County, Minn. ��'t3 .� .- �---�, REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 6 The City Manager recommended that the Council waive the reading and adopt the First Reading of the Ordinance. , MOTION by Councilman Utter to waive the reading and adopt the first reading of the Ordinance to amend Section 501.01 of the Fridley Ciiy Code adopting by reference certain provisions of Minnesota Statutes Section 169 as they apply to private roads and other property throughout the City of Fridley. Seconded by Councilman Starwalt. ���� 1 ., i The City Attorney explained that there is some language in Section 169 of the � motor vehicle code that would apply to private roads and parking areas. He further explained this would cover certain offer� es in these areas which Mr. Newquist has ' had problems in enforcing. He said there had been some trouble in the Shopping Center lot. � ' UPON A ROLL CALL VOTE, Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the first reading adopted. INANCE N0. 542 CODIFI A MOTION by Councilman Utter to waive the reading and adopt the First Reading of the Ordinance Repealing Ordinance No. 542 Co'dified as Section 406 of the Fridley City Code relating to Electric Service Franchise and to also receive the communication from NSP, Mr. John Mericz, Manager, North Division,concerning the Minnesota Pub7ic Utilities Act, Chapter 429, Laws 1974 and dated June 11, 1974. �econded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE • j MOiION by Councilman Nee to waive the reading and adopt the first reading of an ( Ordinance for Rezoning Request ZOA #74-02, by Berkely Pump Company to rezone from R-1 to M-1, Lots 1 and 2, Block.l3, Spring Brook Park Addition, 181 Ely Street N. E. ,� Seconded by Councilman Utter. Upon a roll call vote, Councilman Utter, Councilman � Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl ; declared the mation carried unanimous7y and the first reading adopted. I RECEIVING THE MiINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 11, 1974: ��� �1 A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE, 70 REDI7CE THE � FRONT YARD SETBACK FROM 35 FEET TO 22.7 F[ET TO ALLOW THE CONSTRUCTION OF A DWELL] _ � RF 1(lf flTFll �f1AI i n-rc �� �ti �� �u. nm Tur- JFST � lfl FFFT nF 1(1T 99_ Ri nck ,7. RIYGICYIGW fIC1UflIJ ('1UU111V1Y� 117G J/11`IG IJLllvu J:JV iflar��'�vl�l JII�L-l.1 +l. .� �� ' MINNESOTA. RE UEST BY NiR. NORMAN YLOR, 1803 IOTH STREE7 . W., NEW B IGHTON, ` MINNESOTA : The City Manager advised the Council that they had tak�r .ction to concur with � the recommendation of the Board of Appeals at their las".. r,�eeting. MOTION by Councilman Utter to concur with the recorr¢nendation of the Board of Appeals and grant the Variance to Norman Taylor to reduce the front yard setback from 35 feet to allow the construction of a dwel7ing at 590 Fairmont Street N. E. � Seconded by Councilman Nee. Upon a voice vote, all voiing aye, Mayor Lieb] declared � the motion carried unanimously. _ � � ! � i , I � I I I i MOTION by Councilman Utter to concur with th� reco►r�nendation of the Board of Appeals and approve the variances requested by Paco, Incorporated for 7801 Elm Street N. E., � J � ; i r ; � 4 � � . � 1 274 REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 5 to provide power to those residents. He also explained that the City utilities would have to be restored with power first and the hospitals would also be a high priority. He said these priorities have to be set and when work is done on the higher priority levels, the crews will move on to the next catagory. He further explained that all of these types of emergency calls are directed to the Trouble Department which dispatches the crews. He said that NSP has a board on which all feeders are indicated and the Company would know when a feeder is out without receiving calls fram the area. Mr. Ranck pointed out to the Counci7 that before the storm hit the western area of the metro area, there were crews out because of the storm forecasts. Mr. Ranck said he would like to echo the comments made by Mr. Mertz in his letter to the City of Fridley. Mr. Ranck thanked the Fridley staff for their cooperation. He explained that many people were without power and there were many hardships caused because of this. He explained there were many large oaks broken and down from the storm and that the wet conditions preceeding the storm made the conditions worse. Counciman Nee questioned Mr. Ranck on how the information was obtained by NSP that the power was out in �the Marion Hills area. Mr. Ranck answered if the feeder was out, this would show up on the board. He said if this is not the case, it would be through calls from the customers. Councilman Nee said when he had called,he had gotten a recording. Mr. Ranck said if this happens, the caller is receiving the signal that all of the lines are busy and he should try again. He explained his own wife had to wait until the ]ines were not busy to put a call through. Hr further commented, all 125,000 people would be trying to call at one time. Councilman Nee pointed out that a lift station was out for 10 hours and he asked if this was because no one was able to report this. Mr. Ranck said they were all aware of this and it was back in operation as soon as possible. Mr. Ranck said he goes out on calls such as this, and it is often just a matter of time and could be be something downstream. He explained there is only a certain amount of people able to work on this and it cannot be done at the same time. He pointed out that all of the service was restored within 48 hours and with the 125,000 people out of service, this would average out to be 6,000 restored per hour. He stated he did not know how anyone could expect more from a company after this type of extensive storm. He further explained that after each storm, the company has a meeting to discuss their shortcomings and solve all problems that may exist. Councilman Nee again questioned why the phone is not answered. Mr. Ranck said when the recording is played, the 50 available ]ines in the Trouble Department are busy. He further explained there are four lines in the north division and the Manager has his own line. He said the Ci�y Managers �ave access to �his line and can get through to him. He repeated, the recording would be offi when the 50 lines are not busy. Mr. Ranck explained the Company has total information on the feeders that'are out. Mayor Liebl said the relay would indicate the feeders that are out. Mr. Ranck thanked tl,c. Council and the City Manager for the opportunity to come before them. Councilman Starwalt asked what advise would be offered to the people in case of a similar situation in the future. He asked if the people were to ge� the recording, should they just keep trying untiT they get their message through? Mr. Ranck said the Company has to rely on individua7s to relay the message to the company for outages of individual service. He advised the Council that once the Company has the information, there is not any need to call again, not everyone in the block has to call. He said he had worked with the crews in this area and most of the people were very considerate and understanding. UPON A VOICE VO7E, all voting aye, Mayor Liebl declared the motion carried unanimously and the communication received. AMEND SECTION 501.01 OF THE The City Manager said this action was requested by Mr. Carl Newquist, City Prosecuting Attorney, and he had worked wii;h the C9ty At'corney to come up with this proposal to better enforce some of ihe existing laws in the City, i f - --. __ -- - -- -- -.. , � ! � .+ .� � i