AF-AG - 45527� �
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5TATE OF MINNESOTA
COUNTY OF ANOKA MUTUAL AGREEMENT
THIS AGREEMENT made and entered into this 30th day of September,
1991, by and between the City of Fridley, County of Anoka,
Minnesota, a municipal corporation, hereinafter referred to as
"City", and Orthodox Church of the Resurrection of Christ, Inc.,
a corporation under the Laws of the State of Minnesota, hereinafter
referred to as "Owner".
WHEREAS, there is an existing utility easement running north-south
at or near the west line of Lot 3, Block 1, Parkview Oaks First
Addition. (As noted on the attached corrected survey marked
Exhibit A).
WHEREAS, the City issued a building permit in August 1967 for the
construction of a garage on Owners property based on a survey not
indicating the existing easement. The erroneous survey was dated
November 9, 1962 and was performed by C.E. Coulter, Land Surveyor.
WHEREAS, the Owner desires to construct a carport and canopy which
will, along with the existing garage, encroach upon the above
mentioned utility easement.
THEREFORE, it is agreed the City will allow the existing garage
encroachment and will authorize the construction of the carport and
canopy encroachment. Said allowance and authorization being given
upon the conditions and with the understanding that: 1) the above
mentioned encroachments be subject to the rights of the City to use
said property for the above described easement purposes, and 2) the
City be released from liability for the constructed encroachments.
FURTHER, IT IS MUTUALLY AGREED that should the above encroachments
interfere with the use of said property as an easement for said
purposes, the Owners shall be responsible for: 1) any additional
costs, resulting from the said encroachments in the repairs,
replacements, and maintenance of the utilities located within said
easement, and 2) any cost of relocation, repair, and/or replacemenz
of the above mentioned constructed encroachments, resulting from
the repairs, replacements, and maintenance of the above mentioned
utilities. '
BE IT FURTHER AGREED that the provisions of this agreement shall
be binding upon and enforceable against the parties hereto, their
successors and assigns and all subsequent Owners of the property
herein described. An executed copy of this agreement shall be
filed with the Anoka County Recorder's Office and made a part of
and be binding upon the above-described property.
IN WITNESS THEREOF, the parties have hereunto set their hands this
13th day of December , 1991.
STATE OF MINNESOTA
COUNTY OF ANOKA
ENTE��D
ON 'i � - v� �- S9 ��m.
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PRO� �:;`.: .. �'„.l�dd�C[�R19R
yy � . C3�.r�-AA.s�
O�t�T�r P�t����z� i�a Ntr�tH(�il�1T�A
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NNTUAL AGREEMENT
THIS AGREEMENT�made and entered into this 30th day of September,
1991, by and between the City of Fridley, County of Anoka,
Minnesota, a municipal corporation, hereinafter referred to as
"City", and Orthodox Church of the Resurrection of Christ,� Inc.,
a corporation under the Laws of the State of Minnesota, hereinafter
referred to as "Owner".
WHEREAS, there is an existing utility easement running north-south
at or near the west line of Lot 3, Block 1, Parkview Oaks First
Addition. (As noted on the attached corrected survey marked
Exhibit A).
Tn7HEREAS, the City issued a building permit in August 1967 for the
construction of a garage on Owners property based on a survey not
indicating the existing easement. The erroneous survey was dated
November 9, 1962 and was performed by C.E. Coulter, Land Surveyor.
WHEREAS, the Owner desires to construct a carport and canopy which
will, along with the existing garage, encroach upon the above
mentioned utility easement.
THEREFORE, it is agreed the City will allow the .existing garage
encroachment and will authorize the construction of the carport and
canopy encroachment. Said allowance and authorization being given
upon the conditions and with the understanding that: 1) the above
mentioned encroachments be subject to the rights of the City to use
said property for the above described easement purposes, and 2) the
City be released from liability for the constructed encroachments.
FURTHER, IT IS MLTTUALLY AGREED that should the above encroachments
interfere with the use of said property as an easement for said
purposes, the Owners shall be responsible for: 1) any additional
costs, resultinq from the said encroachments in the repairs,
replacements, and maintenance of the utilities located within said
easement, and 2) any cost of relocation, repair, and/or replacement
of the above mentioned constructed encroachments, resulting from
the repairs, replacements, and maintenance of the above mentioned
utilities.
BE IT FURTHER AGREED that the provisions of this agreement shall
be binding upon and enforceable against the parties hereto, their
successors and assigns and all subsequent Owners of the property
herein described. An executed copy of this agreement shall be
filed with the Anoka County Recorder's Office and made a part of
and be binding upon the above-described property.
IN WITNESS THEREOF, the arties have hereunto set their hands this
� day o f `�pU'�=�2� f�' � 19 91.
Mutual Agreement
Page 2
This instrument drafted by:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
State of Minnesota
County of Anoka
)
) ss
)
Orthodox Church of the
Resurrection of Christ, Inc.
by �'� 7 ,"
. � i/% �--- �
its ��'��- .
On this ��_ day of _November , 1991, before me, a Notary
Public within and for said county, personally appeared
, to me personally known, who being by me duly
sworn di say that he is the Pastor of the
Orthodox Church of the Resurrection of Christ, Inc., a Minnesota
corporation named in the foregoing instrument, and said
acknowledged said instrument to be the free
act and deed o said corporation.
4, .
��py�A y�j,�pT� a Notary Public
/{NIOKA �fl'Y
�1e�a6p0�l21��
�p,�J�9�
City of Fridley
Will am J. Nee ayor
��,
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Wa.11iam W. Burns - City Manager
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Mutual Agreement
Page 3
State of Minnesota ) � �
)ss
County of Anoka )
On this �_ day of ��i2� , 1991, before me, a Notary
Public within and for said County, personally appeared William J.
Nee and William W. Burns, to me personally known, who being each
duly sworn they did say that they are respectively the Mayor and
the City Manager of the City of Fridley, the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and said William J. Nee and William W. Burns
acknowledged said instrument to be the free act and deed of said
municipal corporation.
otary Public
RpBEHTAt�LUNS
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
P G DrvisioN �
City of Fridley
July 15, 1992
William Burns, City Manager
t/ Barbara Dacy, Community Development Director
Status of Mediation with Russian Orthodox
Church
I spoke with Kathy Peterson from Anoka County Mediation Services
on Monday, January 13, 1992 regarding the status of inediation
between the neighborhood and Father Magramm from the Russian
Orthodox Church. She stated that both parties have been contacted,
and are willing to participate. Representatives of the
neighborhood, however, stated that they still need to meet to
identify their list of issues to present to the mediation process.
She understood that meeting would be occurring shortly, and that
a date to begin the mediation would be arranged soon. I asked her
to keep me informed as the mediation progresses; she stated that
the City's involvement is not required or necessary at this point
in time.
BD/dn
M-92-27
��;,, ;.
,_
_
y�'' 1 i
UIYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UN]VERSITY AVE. N.E. FR[DLEY, MN Si=132 •(61? ) 571-3450 • FAX (612) 571-12237
August 29, 1996
Father John
1201 Hathaway Lane
Fridley, MN 55432
Subject: August 29, 1996 Phone Conversa.tion / Tree Branch Removal
Dear Father John:
During our recent phone conversation you had requested a follow up letter explaining the City of
Fridley's position regarding the trimming of tree branches that extend from a neighboring
property on to your property. The following is a bullet summary of the issues we discussed:
• The City of Fridley does have a tree ordinance that allows the City to order the removal of
diseased and hazardous trees. Generally, a tree is deemed hazardous if it is completely dead
and threatening the safety of the general public.
• When trimming a tree or hedge that extends on to your property, the city recommends that
you discuss the tree trimming with the neighboring �roperty owner. If an ageement ca.n't be
reached, the city recommends the property ovcmer contact mediation services of Anoka
County.
� The city d�es not take a role in civil disputes of this nature. Should either of the property
owners feel aggrieved, it would be their responsibility to pursue whaxever legal recourse they
deem necessary. -
The incident you described with your neighbor is unfortunate. Enclosed is a pamphlet from
Anoka County mediation services which you may wish to review. If I can be of any further
assistance plea.se contact me at 572-3595.
Sincerely,
Kurt Jensen-Schneider
Code Enforcement Officer
KJS:kjs
CE-96-322
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C. E. COULTER & ASSOCIATES, INC.
JOHN A. PETERSON � FRANK R. LENZ JR.
� PROFESSIONAL REGISTERED SURVEYORS .
REGIST�RED IN MINNESOTA 8 WISCONSIN � UCENSED IN CRY OF MINNEAPOLIS
3300 LYNDALE AVE. S0. MINNEAPOLIS, MINN. 55408
TELEPHONE � 612 - 624 - 0370
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I hereby certify that this is a true and correct plat of a survey of:
N
The West line of Lot 3, Block l, PARKVIEW OAKS FIRST ADDITION, Anoke County,
P�',innesota and the location of the i7tility Easement and garage on Lo� 3 in relation
to said West line of said Lot 3.
I MERESY CERTIFY TNAT THIS SURVEY� PLAN� OR REPORT WAS PREPARED sY CLIENT �r,�p,I,TER MAURER
ME OR UNDER MY DIlIECT dUPERV1810N AND THAT I AM A DULY REOISTERED
LANO BURVEYO NDER THE L OF T ST OF MINNESOTA. JOB N0. 10,963 SCALE 1" = 30'
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part of the principal building for applying setback
regulations.
(5) Unless otherwise hezein specified. no accessory building
or structure shall exceed the height oz the size of the
principal building.
(6) Accessory buildings or stzuctures shall not occupy more
than thirty-five percent (358) of the area of a required rear
yard.
C. The building height limits•for�principal buildings established
hezein for districts shall not apply to belfries. cupolfaindmills�
spires� monuments. airway beacons, radio towers,
flagpoles, chimneys. flues. bulkheads. elevators. water tanks.
poles� towers and other structures for essential services, nor to
similar structures or necessary mechanical appurtenances extending
above the roof of any building and not occupying more than
twenty-five percent (258) of the area of suct► roof.
D. In the event there is a request to place a structure that is
over 200 feet in heigt►t, ttse Commissioner of Transportation shall
be notified of the proposed structure.
6. REQUIRED YARD AND OYEN SPACE
A. The following shall not be ccnsidered an eacroachment on yard
and setback requirements;
(1) Yard lights and name plate sigas in the residential
districts provided such ligt►ts and signs are three (3) feet
or more from all lot lines and meet size requiremeats under
the Chapter of the City Code entitled 'Signs". Lights for
illuminating parking and loading areas or yards for safety and
� security purposes may be provided where necessary. provided
that not more than titree (3) foot candles of ligiit intensity
is present at the property line.
(2) On the primary structure� chimneys� flues, belt courses,
sills, pilasters. lintels� ornamental features� cornices�
eaves, bays. gutters and other similar projections are
permitted� provided that they do not extend more than two (2)
feet into the required yard and in no iastance in the
residential districts. any nearer than three (3) feet from the
lot line.
(3) Decks, unenclosed porches, aanopies and steps to building
entrances may extend not more than ten (10) feet into any
required front or rear yard setback and not more than three
(3) feet into any required side yard. provided they do not
extend nearer than five (5) feet to any lot line.
(4) On existing structures� vestibules may extend not �ore
than five (5) feet into the_required yards provided they are
only one (1) story and do not euceed fifty (50) square feet.
10/90
205.04.06.
_ %� �
REQIIIRED
yARD AND
FENCE AAEA
205-17
(
LOCATION
LOT
Pertnii No.
6279
5369
2575
3514
2222
3551
5626
9404
21,087
12,425
INSPECTOR OF BUILDINGS
1201 Hathaway Lane N.E. OWNER .Lr�„-.�ia,zu:.�,.sx. Ortho Ch Ressur of Chri
BLOCH 1 ADD, parkview Oaks First Addition
Conatsuc3ion Dai� Contractor Cost Final
Building Permit(House) 11/14/62 Arvi:d E. Carlson Bldr $ 21.00
Water & Sewer Permit 11/16/62 Farr Plumbing Co. 30.00
Plumbing Permit 11/21/62 Farr Plumbing'Co. 20.60
Electrical Permit 12/12/62 O.B. Thompson Elect. 14.05 4/28/65
Heating Permi:t 12/19/62 Geo, Sedgwick Heatin 14.50
Electrical Permit 12/27/62 American Electric Co. 2.00 1/4/63
Electrical Permit 10/5/65 O.B. Thompson Elect. 3.80 5/9/67
Building Permit 8/17/67 Walter E. Maurer 7.00
Building Permit(Entry/W Way)9/30/91 Father John Magramm 72.00 1/29/92
Heating Permit 9/12/96 Peterson Bros Sheetme al 65.00
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N E W S P A P E R S
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Residents want to oust Orthodox
`church' from their neighborhood
By Doug Erickson
Father John McGramm says he's always wanted to be a
good Fridley neighbor.
In fact, he and other members of the Russian Orthodox
Monastery at 1201 Hathaway Lane thought they'd ac-
complished just that:
"We thought this was a wonderful process by which we'd
been able to blend into the community," McGramm said.
. But many neighbors sa�y the monastic home neither blends
into their residential neighborhood nor belongs there.
Over the past three years, they claim, the "monastic home"
has evolved into a full-fledged church, bringing with it traffic
and ae,sthetics problems and lower property values.
"What I've learned is that if you're a special interest group,
you can come in and do everything you very well please, and
my rights are the ones being taken away," said Juel Bagaason,
one of about 25 neighbors who met at City Hall last Tuesday to
discuss the issue with City Council Member Dennis Schneider.
Schneider, who represents the Hathaway Lane area, sa�id he
called the meeting because of repeated complaints from coa-
stituents about the monastery.
City Attorney Virgil Herrick and Community Development
Director Barb Dacy also attendeti the meeting to answer resi-
dents' questions on what the city can do to ease the problem.
McGramm was invited, but could not attend because of a
scheduling conflict, he said.
Father Juvenal Herrin and Sister Vera Saba are two members
of the Russien Orthodox�monastic commonity wdo reside ia
PARSONAGE: To next page Fridley. (Photo by Paul DeMarchi)
Six shovelsful' of snow land man in court
iy Doug Ericksan
After a city snow plow left three feet of snow between his
Iriveway and the plowed street, Tim Cyson probably thought his
uck couldn't get much worse.
It did.
In clearing the snow away from his mailhox, Cyson, 29,
iumped what he says were about six shovelsful onto the plowed
�art of Hugo Street.
A neighbor took offense and called the police. An offcer arriv-
a
His cwu�t date: Dec. 20. The maximum punishment: a 5700
fine, 90 days in jail, or bot6, pl� court casts. "I had no idea what
the fine could be," he said.
But the fine will likely be substantially less, said Lt. Gary
Lenzmeier of the Fridley Police Departmenk "The judge cwyld
decide it's no big deal and fine him 550."
Lenzmeier said he hasn't heard of any other ticg�s issu�d fa�
the same offe�e this year. "IYs rare tliat it's happened we catch
P�PIe doing that," he said. "I guess I'm kind of surp►ised be
didn't take the officer's advice and instead toalc the dcke�...
Cyson said he doesn't see w6at t�e bi� � t� � o�
�...c.�.. . . .s.. ,. .�dbtii.
2—FriA�e�Famo-Tues. Oe�nher 10. •1BB7
��� `Parsona�e : Debate
F��� .
touches freedoms of religion,
Many 6i tlie resld�l8 3n Ht hOIDe 18 rea11Y e clan'ch, eOd , e --.1�. �y �ryQ�p -�� ,
tenda�e 1Legday aere eome the9 want the dly to Pre� the �l ►�{ ' II
of the saffie' �fghb�s w}� zonin8la�te in cant `� �,�s .� -';
helped sing McGfamnd's- ap Among the neig66ore' ,,,, - , _
a
plisatloa for a spedal uae claims: more fhan 15 cars paeR �".,. -± r
permit in 1988. The Permit on the stred diaing Stmdey '� � �� -
waildhaveallowedMeGramm �: the home�fis no ` �
W offldally call the munesttc lm�er used as a parsana$e; � •_ `
}wme a c6m�, ev� tha�h - tlee �e Las be� gt�d eoA �- -
_t. . -
it's in a resid�tial zone on a tra�medi�actapd• and - --�.. - '
p►�t of laml too emell to le�llp a�n arfhodos chia� ia . __ ,
' $o�eachw'ch. � arna � Mio- --
As opposition mounted, � ��. �� $ ` �
� � p�m{t large � o# � o '� - �+
' appg � it ceached tomeetiuFrirDey. .� �'
� ' P�10 ig. �f C.OI� % �8�8. 11�Ci�irBmm 88� � C� . '� .' � ' ;.�, r ' .
iVV@ d1aL�� the typB Oi elBeIIeTrOae�. eR�ld�i� - "�h ' _� ;_ .
� reactionwer�v�.' hesaid. - � ��
pr�ing withaut a�Cial fLe Dinkyboaen la�dam. � � . `
McGramm mn- is sdll op�, he said. "We nev� � �
i timled usin@� tl� F�P�Y as a Lave any 1erB� Ha� �'x �; a
r rsona e where a emall I�a." he said.. "We're verg ��, k� ����`�" E e
u�umber �ot religlova ordder sen�dveto tlmt We dmRwanG r� � �..� " ' .; r *+ _ " � -
members are 6oused a� tn cause aay hafHe pa»61e�ts : , ,. � : : `, ,� � �� ° ;� �
wneee � smle awar a0d f�rl�aelgl►bma� . �6ms �y orce �� oe the o�le ana walkwey is �orop�etea. the mon�k
• intlmate religiats ca'em�fes AC the IDa�t, 13 fo 18 P� 6ome�ee$etobie�tdinwHhwrt��.(�ob9'Feu1DelVIaz'eh�
� are held — ail of whic6 is legal, and abort Sve t�s are at tl�a ._ ... ... :. ;.
eaidCityAttorne9H�rfdi- h�emS�mdaYe.hesaid - Schaeider, who tamd himseli
�� eaa r�c �res �'� ' � rc9�a�ee � �nn u�a � t� sata. ��vet�� �ea Wo�an �c � � m c� �o� no�aon ot �t,m
nave a chiucn on cwa site aoPS a momatte t�e, McGram� a� n�itlnis Ia ens aar: � �- � a m� ana
�t mean thece aren't a lot of aeid. "We do �ve tao m� iu ���Y��-��t : dome andwaIIcWaY ��e, the theaybein$ ,atfack�by a feie�9
acUvitles the9 can c8n9 �' �r to d�ma �- ha�se ian't goiug bo lo� llke a �d somehmes hosHle civcvd
heseid I,%1�1%df dDA't iOi81Y, P� fbat acc�ed him of uot 6e1nS
�qty of8dals are weD awaze asUp� the isop�t9 ��d ho�e. It catc�s people's eyes. ve
. they're d� with s�ve �.%� �' ���� for,. McGramm sai� `g It etan who wa�ld not allooc A� � ��'
� o� cr�aom oc �ton, build a home and w�- .�� � be „�a co� �� ��s rne m�ct� n�
treedom of e�,n a� �Se�"' . esuse ot the crowa�s aaia,ae.
freedom a[ essemWY — a�a� �P�B Cl�DSB QA �' . IE's f�e religia� �- cte. I'm seiimt9tY hyin� W helP
the cauta tend to "look ap� dwt l CQJt't d0 �'�.`' _. ti� on tbe ont�de at tl� home MeGramm obtained a twild „��.q don'c 6ave to
that se�s to be a prlmasy. ir� ing p�mit for fhe m�nam�tal
wifh favor; ' Herriekeaid. - ��j� g�j� �: rifanE to man9 �• T�eY vestlbule and wa�wa9� Wh[ch in this room being ebused.••
�•I�,s pretty clear the dt9 elaim McGramm Prom�d tLe dt9 6ad � legal �nds to ScLneider told the residenta
w o u 1 d h a v e a p r e t t y _ �- City atto� ���,� �� �� ��� ��� fhere's llttte chanee ttre citY
�u6s�dai tnud� to be ab� �, A covered �velkwaY a�d me� dtY �de r�u��. 1��eand �t1Y Co� �o-
��� � a�ae� rm � he �ia: ��y�ee oe�ote � a aome ana �ta coro�,rour n��to��c
aaare of go1� on ttrere noa,,, resid�' cess, �spedellY since the dty la
Herrick told t� ceowd 7Y� be�attotfaavnmehmehbus� c�+osa �� me � be1n8 c�- Dlrec�rDacy.. �dy in lltigation witd both
�y ine�. The9 �rome and � pts shveted. at the �,o[ the "We all e�ee ik's imtmual, F�� Fiwse and Frldley
But that wasn't what re�- lwe�seveealravldensev.° .- home. bnt dmNs vchat aa cam4'Y Bus Company over zo�ng ie-
denffi mme W feear. '1'he9 esY F�a�'��& �e i�aide af _� "I thiak fl� issue 1s 9ue � protecfs,"she aeid aueg.
�y � p�ve f� munastic the f�e has �t been alte�ed. tbeUrs af @ie i�e.° seid one Herrlck seid fhe dty has llb „I �.� In gaod co�scie�e.
Ne authorlty ta e�ulate aeg-
�, -� ° thetics. seII to t1re r�st a[ t� camcil
I[rankly duu't §�cv ot en9 m�b� that we're go1n8 to
- y _ ._.'_. ,i,� x� laa tl�at aeys if I build a home �� ���� � We edon't
_ .� �I - a� wmt to pirt a cross m i�, have much chence of wino-
- �i�. $r ti�atIcan'tdofbat,'�he � �"�� '
- - - . �uit's �:nit � N� ��9 . Even fiE the dt9 were to pro-
- the isgue isn't a pe�onal oma
" 5 9g 750 cnL agaiuet . Mce�ramm or his ve the monastic leome is a
• _. � . Sott`s.�xtrn-�r: . ; reli�. � �(�'yo d'thatandshowth t
- p 5 ss 750 ml..-; . � We're u� againsc him; g�t� d�al d�e�r �som�e
.. ' �k'9 ��-an� 3 � 75U mt: - ��� 8se+o�c � n�r �.'
' shalted me mm at the me� f� ��other; ' Herrlck
� - _ tQuo&'s �in�t 3.`�- 759 ntY. _ ,
�' said "1 don't �ow tiiat we can
' ' : t�ua a�t�an�mn� 329 7�� rr►te. .� s�e �sc� �a ne � aoraac,�
Qi�aQo �c�cchi �1urg►mdu 329 750. mlo : �? sh� aad Fuat by f� ao-
cavetiuns artd [� uf soma I�tead of pwsuing the issue
Oiud(n �inmigamt �IAUe 3?g 75Q ml. � ot 6is neighbois. °Pm jt�t eo t�lltlgaflon, dLY offidals
into a
_ aii,mr41'i ��sti �pum:mte S 49 %5� tn�. - dieappointed that vice're so ��fative
ss misunderatood," he said. p��
"-��t '�intt- �- T�Q ID�...._ . •'We're Qot doln$ an9 of f�s on who wiD meet w(fh McGramm
-': �� �-ml� �;,99 75Q m�: �_ to make anyoue [ee1 and other ch�ach membe►s to
��nittc �l�ite 2 9� %SQ ifFl: - d. We ih�gM fhe additlonv see it a comgromise can be
����a+« �a �n��. 2 9 9 7 5 0 m[. �► a� e a a�� e.�� Wo�a ou�. n� c�.r
t�e
�t�r (6efm�r�hxminee 4� �SO'in�_ MeGramm said two Diediation Servlcea will
' �esGu 328 750 mi_ ` °� r�' �ota mm ne po�61r na nrw�snc m w con-
�Ju(pnn�isbucg .}�� g has tvvo optioae: tear down tl� duct fudue meeUngs betwe�
�ittlla �[Iitc �a►fumlcF.32�750 m1. m�name�HmorBetaR. cnecWO�.
f'tc duem�d c 3�' 7� R1�°-. Realdente aho aant the "We look fonvard W it,��
op.nuu � P iU��uulet 2 9� 750 mL , m�c home o� oi their Mecramm seta. "we want w
Qll�ristizm ��1 ��� ,,�SSi �ittc 6. 4 L. P �� �m C�amefi Mab� a�p�'�t&��om�it.'��►�Y� �
48 �
� - s�►9n,� �y�, �it�u 5.� 1.5 L , .
-. s�ri �Il�tr. �u�fanact 5-� 1:5 I.a
�cHa�uar _�T � �esl±adic 5 9g-1.5 L.
��6xsti�u �rr„c� Qbal�m��i. �.� 1.5 I.:
• ��bg� � ��, 5 � 1,5 L.. : -
��ll �ra�6► �Tbms (c�otcpt �U[� _�►z�es�sy8 � � I•. ,
. � �tuc �rut 3. 750 ml..
_. �Qa �ao $atm-� � � 7SQ mf: "
�T,K;ugcc �II�iM iiu5nulci- 4:�` 75� m�:
� �uttrr �iomr �Q�j:ic �u�6macF ,2 � 75E} ml.
� � �w�m�e o r�-
IASf • NO DISCOUN�-
'•�: ' ON SAIE PROQUCIS • PH[CFS GOOQ.
DECEhtBER Il. 1991 to DE(�FA 31. 199I
� flEGL57Ef1 FDA FUAI�Y GIVE�.WA`f _
QfijtC� Cid I01R m-4�R' �IG'9—�Of S�1CCY1� Se�� Od eQ QIWI' �b0[ltl' �t�..�"y �
GOOD SAVINGS ON Ca00D SPIRITS—WHEPI USED WiTH GOOD SENSE4
Wareh�se; 214 MississiPPi Stre� War�ouse: 6289 Highway 6�s
SJ►INT PAUL CMC SYMPHONY
NEW YEAR'S EVE
ANNUAL BENEFIT BALL
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fiEGISTFREO UNOfR LAWS OF STATE OR MINNFSOTA
LICtN8E0 �Y OADINANCEf OF CITY Of MINN[Ar011i
3300 LYNDALE AVE. 50 MINNEAPOLIS 9. MINN.
TAYLOR 4.0370
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I hereby certif�f that the above is a true and correct plat of a survey ofs
Lot 3, Ploc�t 1� :-:Lni:7I�',i C:�:.:; FI?�T :�J�iTI0i1, _1.no1•:a Gour.ty, :•in.ne�ot�..
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�� C. E. COULTER & ASSOCIATES, INC.
JONN A. PETERSON FRANK R. LENZ JR.
� PROFESSIONAL REGISTERED SURVEYORS .
REOIST�RED IN MINNESOTA � WISCONSIN LICEN8E0 IN CRY OF MINNEAPOLIS
3300 LYNDALE AVE. S0. MINNEAPOLIS, MINN. 55408
TELEPHONE + 612 - 824 — 0370
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I hereby certify that this is a true and correct plat of a survey of:
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The West line of Lot 3, Block 1, PARKV�W OAKS FIRST ADDITION, Anoka County,
Minnesota and the location of the Utility Easement and garage ofi Lot 3 in relation
to said West line of said Lot 3.
1 NBREOY CERTIFY TNAT TNIS SURVEY, PLAN. OR REPORT WAS PREPARED BY
ME 011 UNDER MY OIIIECT 8UPE11VISION AND TNAT I AM A DU�Y RE018TERED
LAND dUI1VBY0 NDER TNE L OR T ST OF MINNESOTA.
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CLIENT yVlp,I„TER MAURER
JOB N0. 10, 963
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DATE:
TO:
FROM:
Community Development Department
vG D�SION
City of Fridley
September 9, 1991
William Burns, City Manager
Barbara Dacy, Community Development Director
SIIBJECT: Vestibule, Canopy, and Carport at Orthodox Church
of the Resurrection of Christ, 1201 Hathaway Lane
N.E.
Father Magraam has contacted my department regarding the
regulations to install a vestibule, canopy, and carport at the home
at 1201 Hathaway Lane N.E. This is to inform you and the Council
regarding this issue, as all of these items will only require a
building permit. Neighbors�in the area may contact Councilmember
Schneider or other members of the Council.
At this time, we have submitted a preliminary sketch of the
vestibule, canopy, and carport. The vestibule is proposed to be
located immediately in front of the front door in front of the home
and is anticipated to be at least 50-70 sq. ft. in size (5 ft. x
10 ft. or 5 ft. x 7 ft.). The vestibule would then be connected
by a canopy over to the west to a carport on the west side of the
home over the driveway. A canopy is permitted to extend into the
front yard setback up to 10 feet. A carport can extend into the
side yard up to 5 feet from the lot line.
Darrel Clark and I have advised Father Magraam of these regulations
and have also advised him that a hold harmless agreement for the
construction of the carport over the driveway would be necessary
(a water main easement is located in this general area). Further,
I asked Virgil Herrick to research any architectural standards by
which the construction could be regulated. Mr. Herrick advised me
that if there are no special restrictions in the restrictive
covenants pertaining to the particular subdivision, the City does
not have any specific controls on the appearance of the vestibule,
canopy, and carport. We are in the process of researching the
restrictive covenants.
Father Magraam intends to construct a chain link fence around the
perimeter of the yard. We advised him that the Code states that
the fence can be no higher than 4 feet in the front yard. Father
Magraam also indicated that they wanted to extend the fence over
1201 Hathaway Lane N.E.
September 9, 1991
Page 2
the driveway. He had asked whether or not they can install an arch
over the fence across the driveway. I advised him that because the
arch would exceed the 4 feet in height in the front yard, that was
not permissible.
Should you have any questions, please feel free to contact me. I
am anticipating that Father Magraam will be applying for the permit
within 7-10 days.
BD:ls
M-91-666
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FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 •(612) 571-3450 • FAX (612) 571-1287
September 17, 1991
Father John Magram
1201 Hathaway Lane N.E.
Fridley, MN 55432
Dear Father:
You asked me to write a letter regarding the vestibule, canopy,
carport, and fence that you would like to construct on your
property.
Section 205.04.06 of the Fridley City Code permits a vestibule to
extend not more, than five feet into the required yard provided they
are only one story and do not exceed 50 square feet. Because the
front lot line of your property slopes from north to south, there
is extra area to construct the vestibule in between the front of
the house and the 35 foot setback line. The vestibule, however,
according to the previously cited section, cannot extend beyond 30
feet from the front lot line.
Section 205.04.06.(3) permits canopies to building entrances not
more than ten feet into any required front yard. In this instance,
the canopy cannot extend beyond 25 feet from the front lot line.
Again, because of the alignment of the front lot line, you should
have more than enough room to meet this requirement.
The carport proposed to be constructed over the driveway must also
meet the previously cited section, and cannot be closer than five
feet to the side lot line. Further, because a utility easement is
located along the westerly 15 feet of your property, an easement
encroachment agreement must be approved by the City Council prior
to construction in this area. Also note that because the front lot
line is closer to the house in this particular area than in the
southeasterly corner of your property, the carport as shown on your
site plan submitted September 9, 1991 will have to be shifted to
the north in order to meet the required setback of 25 feet.
Before issuance of a building permit, the City would like to
confirm whether or not there are any architectural covenants on
record against lots in this particular subdivision. You agreed to
',•1�
.
Father John Magram
September 17, 1991
Page 2
bring me a copy of your abstract or title opinion so that we could
determine if there was any reference to private covenants or
restrictions. -�
You also indicated that you were going to install a chain link
fence along the property lines. Please note that the fence cannot
exceed four feet anywhere in front of the.house and must be placed
entirely on your property. Please note that in the southwest
corner, there is 16 feet between the curb and the front lot line.
In the southeast corner of your lot, there is approximately nine
feet separating the curb and the lot line. The fence should not
be placed in the right-of-way. Further, any part of the fence in
the front yard area should not exceed four feet in height. This
would include an arch or any type of ornamental fixture attached
to the fence.
Finally, you inquired as to whether or not you can construct the
vestibule and the canopy prior to receiving permission on the
carport. Once we have determined whether or not there are private
architectural restrictions, the City will then issue a building
permit for the vestibule and canopy.
The easement agreement will then be considered for City Council
action at the September 30, 1991 meeting. If you have any further
questions, please feel free to call me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-91-307
cc: William Burns
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DATE:
TO:
FROM:
Community Development Department
G DIVISION
City of Fridley
September 26, 1991
William Burns, City Manager S.�
Barbara Dacy, Community Development Director
SUBJECT: Consideration of Approval of Easement
Encroachment Agreement at 1201 Hathaway Lane
N.E.; Orthodox Church of the Resurrection of
Christ
Father Magram and the Orthodox Church of the Resurrection of Christ
has submitted a building permit application to construct a
vestibule, canopy, and carport along the front of the home located
at 1201 Hathaway Lane N.E. The carport portion of the proposed
construction is located within a six foot wide utility easement
running along the west side of the property. Prior to issuance of
the building permit for this part of the construction, we advised
the petitioner that an easement encroachment agreement needed to
be approved by the City Council.
Backctround
Also located on the six foot utility easement is the existing
detached two car garage. The garage was constructed in 1967;
however, it was unknown to the City that a six foot utility
easement existed where the garage was constructed. The City relied
on an erroneous survey dated November 9, 1962 which was completed
by C.E. Coulter, Land Surveyor.
The encroachment was discovered when the property was about to be
sold to the Orthodox Church. We advised the new owner about the
encroachment and advised him that, if needed, the City may have to
remove a portion or all of the garage if work needed to be done.
A formal agreement was not executed at that time.
Proposed Request
The attached site plan indicates the location of the vestibule,
canopy, and carport. According to Section 205.04.06, the vestibule
and canopy are permitted to encroach up to five feet and ten feet
respectively of the required front yard. They are located in
conformance with the setback requirements. The carport, however,
.
�
Easement Encroachment Agreement
September 26, 1991
Page 2
slightly encroaches into the required setback. Therefore, we have
advised Father Magram that the carport portion will need to be
shifted to the north in order to comply with a 25 foot setback from
the property line.
The attached agreement has been prepared to allow the encroachment
of the existing garage as well as the proposed carport. The
agreement stipulates that the property owner will be responsible
for replacement and cost for any repair or replacement of the
garage and/or carport if the City needs to use the utility
easement.
Recommendation
Staff recommends that the City Council approve the attached
agreement to permit the encroachment of the existing garage and the
proposed carport subject to revision of the site plan to indicate
compliance with the 25 foot setback from the front lot line.
BD/dn
M-91-715
: `
� _,�
� ,_
FRIDLEY CITY COONCIL MEETING OF BEPTEMHER 30, 1991 PAt3E 13
if this goes to court, the procedure for getting on �he court
calendar is such that it would take about nine months to one year.
Councilman Schneider asked what could be done if there are other
pollution problems.
Mr. Herrick stated that City staff can work with
Control Agency and ask them to attempt to measure,
enforce t'heir regulations. He stated that 3.n terms
air quality, this would have to be measural�le.
6.
the Pollution
monitor, and
of noise and
MOTION by Councilman Billings to set; the public hearing for the
light rail transit preliminary desic�n plans for October 24, 1991
at 7:00 p.m. Seconded by Counci �an Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Ne, declared the ntotion carried
unanimously. ,�'
Ms. Dacy, Community Development�°`Director, stated that copies of the
plan are available at the l�rary and the Community Development
Department for anyone intere�sted in reviewing the plan.
7.
STREET N.E.•
Ms. Dacy, Communi Development Director, stated that a variance
was approved by e Appeals Commission on May 10, 1988, and on
July 9, 1990, th Council approved an extension of the variance to
August 1, 1991. She stated that the reason for the extension was
due to legal c mplications regarding the vacation and sale of the
alley to the rear of Mr. Johnson's property.- She stated that
Mr. Johnson as now completed the memorialization process and is
requesting nother extension in order to complete the garage
constructi . She stated that weather permitting, he may be able
to comple e the work this fall.
Ms. Dac stated that the extension of the variance is based on the
site p n which located the garage in the northeast corner of the
prope y. She stated that Mr. Johnson is now evaluating placing
the arage in the southeast corner of the property. She stated
tha she spoke with Mr. Johnson regarding the dimensions for the
va iance, and asked that he obtain a letter from the property owner
t the south.
1�IOTION by Councilman Billings to authorize the extension of
Variance Request, VAR #88-06 to July 1, 1992, with the stipulation
� _ . .
PAGE 14
that any new relocation of the gar e on the site plan requires
approval of the City staff an City Council. Seconded by
Councilman-Fitzpatrick. Upon a oice vote, all voting aye, Mayor
Nee declared the motion carri uraanimously.
8. APPROVAL OF_EASEMENT E CROACHMENT AGREEMENT AT ORTHODOX CHURCH
OF THE RESURRECTION OF CHItIST LOCATED AT 1201 HATHAWAY
LANE N.E.:
Ms. Dacy, Community Development Director, stated that the property
owner is proposing to construct a vestibule, canopy, and carport
along the front of the home at 1201 Hathaway Lane. She stated that
the carport portion of the proposed construction is located within
a six foot wide utility easement nanning along the west side of the
property .
Ms. Dacy stated that the garage w�s constructed in 1967; however,
it was unknown to the City that a six foot utility easement existed
where the garage was constructed. She stated that the City relied
on •an erroneous survey dated November 9, 1962 which did not
indicate this easement.on the property. She stated that the error
was not discovered until the property changed ownership.
Ms. Dacy stated that an easement encroachment agreement between the
City and the property owner would acknowledge the existence of the
garage and carport in this area, but that the property owner would
be responsible for replacement costs for any repairs or
replacements of the garage and/or carport if the City needs to use
the utility easement. She stated that the carport needs to be
shifted to the rear to comply with the 25 foot setback.
Councilman Schneider asked the use of the property, as he
understands it is a place for the fathers and sisters to reside.
Ms. Dacy stated that she understands it is a single family home for
Father Magram.
Father Magram, Orthodox Church of the Resurrection of Christ,
stated that there has been no change in the status for the last
several years, but they do have a house chapel.
Councilman Schneider asked if they generate a lot of outside
traffic.
Father Magram stated that not more than four or five cars once or
twice a week.
Councilman Schneider asked the primary purpose of the carport.
Father Magram stated that it is for architectural purposes to
counterbalance the vestibule.
FRIDLEY CITY COIINCIL MEETINa OF SEPTEMBER 30. 1991 PAGE 15
Councilman Schneider asked Father Magram if he was in agreement to
shifting the carport, and he answered in the affirmative.
Mayor Nee asked Father Magram if he was willing to enter into a
hold harmless agreement that if the City had to accomplish work in
the easement, the property owner would be responsible for any
repairs, replacement, or restoration costs.
Mr. Herrick, City Attorney, stated that there,are pipes in the
easement that are actively being used, and the general rule is that
people can build on an easement as long as what they build is not
inconsistent with the purpose of the easement. He stated that if
a property owner builds on the easement, and it is necessary for
the City to repair the pipe, the City can accomplish this and is
not responsible for restoring the property. He stated that this
would apply to the garage as well as any new construction.
Councilman Billings asked if the hold harmless agreement is filed
with Anoka County so any future owners would discover it in a title
search.
Ms. Dacy stated that it would be staff's intention to file this
agreement with the County.
Councilwoman Jorgenson stated that back in 1989 when the Council
addressed this issue, she understood this was a monastic home and
not considered the Orthodox Church of the Resurrection of Christ.
She asked if the Council can request that the architectural design
of the carport and vestibule be consistent with residential homes:
Mr. Herrick stated that he did not feel this could be done.
Councilman Billings stated he did not think that by acknowledging
that the Orthodox Church of the Resurrection of Christ owns the
property, the City acknowledges that the property is used as a
church. He stated that there are many religious organizations that
own residential properties. .
Councilwoman Jorgenson stated that she would guess that none of the
neighboring property owners were notified of this item. She stated
that she thought this was a monastic home although the agreement
is with the Orthodox Church of the Resurrection of Christ.
Father Magram stated that they
classes, and nothing has changed
Council several years ago.
have a house chapel and bible
since they were here before the
Councilman Schneider asked if the number of persons living in the
home has changed. Father Magram replied in the negative.
Councilman Schneider stated that his concern is if this is
something that intrudes in a residential neighborhood and traffic
. . . .. .. :>,,:,�. . , , , . . . . . . ,
FRIDLEY CITY COIINCIL MEETINGi OF SEPTEMBLR 30, 1991. PAGE 16
becomes a problem. He stated tha� if vestibules and carports are
added, it seems there is a narrow line as to the perception of the
use of the property.
Father Maqram stated that there has been no change in the
situation, and the issue is the encroachment.
Councilwoman Jorgenson stated that she felt there is more of a
change to a church versus a monastic home.
Father Magram stated that he understands the concern, but there has
not been any changes.
Councilwoman Jorgenson stated that she wanted to make it perfectly
clear that this is just a hold harmless agreement on the utility
easement.
Mr. Herrick stated that he talked with Ms. Dacy, and all of the
construction being done is within the limits of the City's building
code and the required setbacks. He stated that a variance is not
required from the setback require�ents.
MOTION by Councilman Schneider tm authorize the Mayor and City
Manager to enter into the mutual agreement with the Orthodox Church
of the Resurrection of Christ and that this hold harmless agreement
be filed with the County, contingent on the revision of the site
plan to indicate compliance with the 25 foot setback from the front
lot line. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
9. RECEIVE THE 1992 BUDGET OF THE NORTH METRO CONVENTION AND
TOURISM BUREAU:
Mr. Hunt, Assistant to the City Manager, stated that"the City has
a contract with the North Metro Convention and Tc>urism Bureau who
is the designated recipient of the lodging tak. He stated that
this lodging tax has to be used for th�-'pur.pose of promoting
tourism and conventions in this area. ,-'
�
Mr. Hunt stated that every year t���Bureau submits its budget to
the Council for their informati , and this should be received by
the Council.
MOTION by Councilwoman orgenson to receive the North Metro
Convention and Touris Bureau budget for 1992. Seconded by
Councilman Schneider
Councilman Billi s questioned some of the memberships, namely, the
Metro Associa on of CVB's.
, f-:
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FRIDLEY MUNICIPAL CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
October 3, 1991
Father John Magraam
1201 Hathaway Lane N.E.
Fridley, MN 55432
Dear Father:
This is to confirm that the City Council approved the easement
encroachment agreement to permit the construction of a carport and
to permit the continuing existence of the garage within a utility
easement. The City Council conditioned its approval on changing
the location of the carport to meet the 25 foot setback. The
Building Inspection Department will amend the permit to include the
carport conditioned upon an amended plan showing it meets the 25
foot setback.
Enclosed are two original copies of the agreement. Please sign
both agreements, and please note that your signature must be
notarized. A notary public is available at our office as well as
banks and other public facilities in the area.
When you have completed signing both copies, please return both of
them to my attention so that I can have the Mayor and City Manager
sign them. After both copies have been signed, a fully executed
copy will be returned for your records. We will record the
remaining copy at Anoka County.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-91-336
cc: Darrel Clark
STATE OF MINNESOTA
COUNTY OF ANOKA Mi7TUAL AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1991, by and between the City of Fridley, County
of Anoka, Minnesota, a municipal corporation, hereinafter referred
to as "City", and Orthodox Church of the Resurrection of Christ,
Inc., a corporation under the Laws of the State of Minnesota,
hereinafter referred to as "Owner".
WHEREAS, there is an existing utility easement running north-south
at or near the west line of Lot 3, Block 1, Parkview Oaks First
Addition. (As noted on the attached corrected survey marked
Exhibit A).
WHEREAS, the City issued a building permit in August 1967 for the
construction of a garage on Owners property based on a survey not
indicating the existing easement. The erroneous survey was dated
November 9, 1962 and was performed by C.E. Coulter, Land Surveyor.
WHEREAS, the Owner desires to construct a carport and canopy which
will, along with the existing garage, encroach upon the above
mentioned utility easement.
THEREFORE, it is agreed the City will allow the existing garage
encroachment and will authorize the construction of the carport and
canopy encroachment. Said allowance and authorization being given
upon the conditions and with the understanding that: 1) the above
mentioned encroachments be subject to the rights of the City to use
said property for the above described easement purposes, and 2) the
City be released from liability for the constructed encroachments.
FURTHER, IT IS MUTUALLY AGREED that should the above encroachments
interfere with the use of said property as an easement for said
purposes, the Owners shall be responsible for: 1) any additional
costs, resulting from the said encroachments in the repairs,
replacements, and maintenance of the utilities located within said
easement, and 2) any cost of relocation, repair, and/or replacement
of the above mentioned constructed encroachments, resulting from
the repairs, replacements, and maintenance of the above mentioned
utilities.
BE IT FURTHER AGREED that the provisions of this agreement shall
be binding upon and enforceable against the parties hereto, their
successors and assigns and all subsequent Owners of the property
herein described. An executed copy of this agreement shall be
filed with the Anoka County Recorder's Office and made a part of
and be binding upon the above-described property.
IN WITNESS THEREOF, the parties have hereunto set their hands this
day of , 1991.
� . ,
Mutual Agreement
Page 2
This instrument drafted by:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
by
its
State of Minnesota )
) ss
County of Anoka )
Orthodox Church of the
Resurrection of Christ, Inc.
�
�
On this day of , 1991, before me, a Notary
Public within and for said county, personally appeared
, to me personally known, who being by me duly
sworn did say that is the of the
Orthodox Church of the Resurrection of Christ, Inc., a Minnesota
corporation named in the foregoing instrument, and said
acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
City of Fridley
William J. Nee - Mayor
William W. Burns - City Manager
Mutual Agreement
Page 3
State of Minnesota )
)ss
County of Anoka )
On this day of , 1991, before me, a Notary
Public within and for said County, personally appeared William J.
Nee and William W. Burns, to me personally known, who being each
duly sworn they did say that they are respectively the Mayor and
the City Manager of the City of Fridley, the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and said William J. Nee and William W. Burns
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
�ompuServeiFAX
Memo fora Bill Burns - City Manager
FROMs Dennis Schneider
COPYt City Council
Virqil Herrick
Barb Dacy
DATE: November 3, 1991 .
SUBJECT: Russian Orthodox Church on Hathaway
Now that construction has started on the °church°, many of the neighborhood
residents are very concerned. The construction changes the aesthetic
character of the property from that of a home to that of a church.
In discussing this matter with the neighbors, several new issues have come
to light:
1. A siqn is hung by the front door each Sunday. The sign says °The
Orthodox Church of the Resurrection of Christ.° It does not indicate hours
for services. I have personally observed that the sign was not present on
Saturday, November 2 and was present on Sunday, November 3 at about 9:30
AM.
2. The neighbors contend that no one is living in the home; it has been
vacant since June or July, except for the carpenter who is doing the new
work. He apparently has been living at the home for the past several
weeks.
3. The neiqhbors contend that each Sunday morninq, 1Q-15 cars line the
street; the occupants of the cars going to services at the church.
4. The neighbors believe that the inside structure of the home has been
altered to the point where it is no longer usable as a home--although none
of the people I have talked to have been in the home recently.
The large cross on the new entry-way has created a lot of resentment. The
issue, according to the neighbors, is a concern for their property value--
they believe that they have a right to residential neighbors--and the
subject property no longer looks like a home.
Bill, this issue won't just °qo away°. I'd like the followinq:
1. A summary of the past actions we've taken, specifically with regard to
the special use request of 1989.
2. An inspection of the property to see if it still conforms to our
building/zoning codes for R1. �
3. An inspection of the new building activity to ensure that it conforms
to the setbacks as approved on the recent building permit.
CompuServe Mail (911103212145 71206.25 EHA43-1) Page 1 of 2
�ompuServe�FRX
-- -
4. A review with Virqil reqardinq 1) the definition of a church; i.e. what
constitutes "regular assemble for reliqious �orship° as defined in our
code; 2) our options to require the Orthodox Church to apply for a Special
Use permit; and 3) our options to disapprove or approve with stipulations
the Special Use permit if they did apply.
5. Scheduling of a neighborhood meeting, within the next week or two, with
Virq, Barb, myself (and other interested council members) to review with
the neiqhbors what can and, most importantly what CANNOT be done.
I have a brief video of the property that I shot on Sundayj perhaps we can
show it after the meeting Monday night. I think Virg should see it.
Dennis Schneider
P.S. I'm tryinq CompuServe to FAX this to you; call me at my office when
and if you get this:
CompuServe Mail (9111Q3212145 71206.25 EHA43-1) Page 2 of 2
BUII.DING INSPECTION DIVISION MEMO
MEMO TO: FILE
MEMO FROM: DARREL G. CLARI�, CHIEF BUII.DING OFFICIAL �. �
MEMO DATE: NOVEMBER 4, 1991
REGARDING: 1241 HAT�IAWAY LANE NE
--------------------------------------------
A routin� inspecdon was conducted on Monday, November 4th, about 1:30 PM of the
above property. No one was present at the site.
The work that was found campleted was 8, 6" x 6" posts installed over the existing
sidewalk, from the front door w�t to the westerly edge of the house. The outer pasts
are 8 f�t south af the exisEing lo�ver %vel wall. The posts closest to the front property
line are setback 26 €eet; 25 feet is the minimum required.
Tb.ere are four 6" x 6" posts at the corners of the pro�sed 6' x 8' rectangle front
entry. Tt►e front entry prajects out 8 f�t from the hause. The distance from �t►e front
posts to the street right of way is 33 feet; 30 feet being the minimum allo�+� by the
Code. The roof over the front entry is fram� in.
Attache,d is a current plot plan.
DGC/mh
ATTACH: 1
i _
�
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
G DIVISION
City of Fridley
November Y8, 1991
William Burns, City Manager
�Barbara Dacy, Community Development Director
Father Magram Signature on Easement Agreement
On Friday, November 15, 1991, Michele McPherson and Darrel Clark
reported that Father Magram came in to sign two copies of the
easement agreement regarding construction of the carport at 1201
Hathaway Lane. All three City staff inembers who are notary publics
were not available. Both Michele and Darrel witnessed his
signature. Prior to having the agreement notarized, I asked Father
Magram to come in and re-sign the two copies before a notary
public. The permit for the carport was issued on Friday afternoon
after Magram signed the agreement.
BD/dn
M-91-837
,� �- --
Neighborhood Meeting;
Orthodox Church of the
Resurrection of Christ
December 3, 1991
MAILING LIST
George Wojack John Geiger
1064 Hackmann Circle N.E. 1061 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
David Toews David Steinke
1056 Hackmann Circle N.E. 1071 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
Janet Morin Robert Nienaber
1048 Hackmann.Circle N.E. 1081 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
John Evers
5801 Tennison Drive N.E.
Fridley, MN 55432
Shirley Garber
5800 Tennison Drive N.E.
Fridley, MN 55432
Kun Lee
1091 Hathaway Lane N.E.
Fridley, MN 55432
Stephen Eggert
1090 Hathaway Lane N.E.
Fridley, MN 55432
Roger Engstrom David Matlock
5724 Matterhorn Drive N.E. 1080 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
Lawrence Hille David Anderson
5712 Matterhorn Drive N.E. 1070 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
Donald Brunner Stephen Gentilini
5700 Matterhorn Drive N.E. 1060 Hathaway Lane N.E.
Fridley, MN 55432 Fridley, MN 55432
Duane Peterson
]021 Hathaway Lane N.E.
Fridley, MN 55432
Carol Frentz
1031 Hathaway Lane N.E.
Fridley, MN 55432
Dale Farber
1041 Hathaway Lane N.E.
Fridley, MN 55432
Stephen Hansen
]051 Hathaway Lane N.E.
Fridley, MN 55432
Norman Abel
1050 Hathaway Lane N.E.
Fridley, MN 55432
An Van and Tam Thi Nguyen
1040 Hathaway Lane N.E.
Fridley, NIN 55432
Verner Pedersen
1030 Hathaway Lane N.E.
Fridley, MN 55432
Alfred Habel
1020 Hathaway Lane N.E.
Frid],ey, MN 55432
Date Mailed 11/20/91
Giuseppe Sallese
1181 Hathaway Lane N.E.
Fridley, MN 55432
James Bagaason
1191 Hathaway Lane N.E.
Fridley, MN 55432
Orthodox Church of the
Resurrection of Christ
Father Magram
1201 Hathaway Lane N.E.
Fridley, NIN 55432
James Iacono
1217 Hathaway Lane N.E.
Fridley, MN 55432
Doyle Mullin
1233 Hathaway Lane N.E.
Fridley, MN 55432
Roger Sonstegard
1249 Hathaway Lane N.E.
Fridley, MN 55432
James Wolfe
1265 Hathaway Lane N.E.
Fridley, MN 55432
Orville Sachs
1281 Hathaway Lane N.E.
Fridley, MN 55432
Earl Niewald
1180 Hathaway Lane N.E.
Fridley, MN 55432
Donald Capra
5740 Regis Drive N.E.
Fridley, MN 55432
Douglas Strong
5720 Regis Drive N.E.
Fridley, MN 55432
Warren Nolt
1181 Lynde Drive N.E.
Fridley, MN 55432
tl � �
Neighborhood Meeting;
Orthodox Church of the
Resurrection of Christ
December 3, 1991
Page 2
Steven Torgrimson
5651 Regis Drive N.E.
Fridley, MN 55432
Daniel Wynia
5601 Regis Drive N.E.
Fridley, MN 55432
John Ward
5691 Regis Drive N.E.
Fridley, MN 55432
James Legatt
5701 Regis Drive N.E.
Fridley, MN 55432
Carol Eppel
5721 Regis Drive N.E.
Fridley, MN 55432
Michael Welsh
1202 Hathaway Lane N.E.
Fridley, MN 55432
Phillip Vennewitz
1232 Hathaway Lane N.E.
Fridley, NIlV 55432
Dwaine Overby
1248 Hathaway Lane N.E.
Fridley, NIN 55432
Stuart Thompson
1264 Hathaway Lane N.E.
Fridley, MN 55432
William Drigans
1280 Hathaway Lane N.E.
Fridley, MN 55432
Francis Plant
5690 Regis Drive N.E.
Fridley, MN 55432
Jerry Oberg
5650 Regis Drive N.E.
Fridley, MN 55432
Daniel Murphy
5600 Regis Drive N.E.
Fridley, MN 55432
Frederick Baumgardner
5590 Regis Drive N.E:
Fridley, MN 55432
Ronald Nelson
5576 Regis Drive N.E.
Fridley, MN 55432
Howard Mosman
5560 Regis Drive N.E.
Fridley, MN 55432
Edward Callier
5546 Regis Drive N.E.
Fridley, MN 55432
Douglas Berends
5530 Regis Drive N.E.
Fridley, MN 55432
George Emerson
5516 Regis Drive N.E.
Fridley, MN 55432
James Iacono
1183 Regis Lane N.E.
Fridley, NIN 55432
Mark Patnode
1204 Regis Terrace N.E.
Fridley, MN 55432
Kevin 0'Rourke
Kathleen Grewe
5551 Regis Drive N.E.
Fridley, MN 55432
Richard Musenbrock
5541 Regis Drive N.E.
Fridley, MN 55432
John Walther
5521 Regis Drive N.E.
Fridley, MN 55432
Dorothy Jones
5501 Regis Drive N.E.
Fridley, MN 55432
City Council Members
�
_
DENNI.S L. SCHNEIDER
C1� O� COUNCILMAN, WARD II
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
November 20, 1991
Dear Resident:
Several of you have called me regarding the property at 1201
Hathaway Lane AT.E., owned by the Russian Orthodox Church of the
Resurrection of Christ. These calls have asked many questions
regarding the use of the property and the construction now taking
place.
I have scheduled a meeting for interested neighborhood residents:
Date: Tuesday, December 3, 1991
Place: Fridley Municipal Center
6431 University Avenue N.E.
Meeting Room I, Lower Level
Time: 7:30 p.m.
Our City Attorney, Virgil Herrick, and a representative from our
Community Development Department (planning and zoning) will be
present to review the current situation and to answer questions.
Many of your questions to me involve constitutional issues. Virgil
should be able to speak to these questions and explain what the
City can and cannot do to resolve your concerns.
I am looking forward to seeing you at the meeting.
Sincerely,
. G��
P�.�`^ �
�
Dennis Schneider
Councilmember, Ward II
DS/dn
RESIDENCE • 6190 STINSON BLVD. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 5717059
_
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
November 21, 1991
Father John Magramm
1201 Hathaway Lane NE
Fridley, MN 55432
Re: Entryway, Covered Walk, and Carport at 1201 Hathaway Lane NE
Dear Father Mac�ramm:
I drove past your project at 1201 Hathaway Lane today and it was
apparent that the aonstruction on the exterior walls will not meet
proper framing methods, sheathing application, or siding
application code requirements.
I strongly recommend that you get help from someone to either
finish the project or get someone to supervise the project during
its progress. The person supervising should have a background in
the carpentry business . The City can not do this for you as our
responsibility is to only inspect and make sure the construction
meets the approved plans during the pragress of the construction.
If you have any questions concerning this matter, please feel free
to contact me at 571-3450.
Sincerely,
DARR��—G'. CLARK
Chief Building Official
DGC/mh
ti
8 I(� N- IN S H E E T
HATHAWAY LANE NEIGHHORHOOD MEETING, TIIEBDAY, DECEMBER 3, 1991
,
M E M O R A N D II M
To: Barbara Dacy, Director of Community Development
Froms Brian D. Strand, Video Specialist
Date: December 2, 1991
Res Observance of Traffic Flow at 1201 Hathaway Lane Fridley
I was asked to observe the traffic flow at 1201 Hathaway Lane in
the City of Fridley on November 10, 1991 and November 24, 1991.
On November 10, 1991 I arrived at the requested address at 9:OOam.
I observed four vehicles parked on the street in front of the
address and three in the driveway. I left the address at 10:45am.
As of this time no vehicles arrived or left the address.
On November 24, 1991 I arrived at 1201 Hathaway Lane at 9:OOam.
I observed the same four vehicles parked on the street at the
address. The same three vehicles were parked in the driveway. I
left the address at 10:45am. As of this time no vehicles arrived
at or left the address. A video tape was made of these
observations.
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�.��uSENT �Y��X�ro ^Tele� opier�7021� w 2� 3-91 : 16�02 : COUNTY ADMIN.-� 612 571 1287:3t 1
�$..�-�_ ;,
�tOf.:�PiV r �fn 118� . . _
� STATEMENT OF OWNER OF R�AL ES�ATE CLAIMED TO BE EXEMPT � '�
FROM TAXATION • .
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N�en� oi Appltqnt
Rev'd John
�l�}i � �'' �
DESCRIPTlON Of PROPERTY
soc�t. sECV�trrx No..
. Ob -IOS�syO
"�.'1`I� � �I�'
R24 30 24 31 0048
�
� Pteasa Priret ar Type.
OHid�l PosiNon - Dan of ApPllaatior.
Pa.StOr' Jarn�a � rA
Addross
�
STATEMENT OF OWNER • �
1. ADp��cant cfl►peration is n°w and was on Jen. 2, 1989_the owner of the above described real esiate.
2. Ownership of the above properry by the organizatian began on .Tan„a =� � 18 .S9_. as evtde�c�d by:
Deed of vwnership
3. Exemption is jwtified for one of the followi� �ns:
❑ Public buryirn,� grounds.
❑ Public sd�ool house.
❑ Pub{ic hospit�l.
� academY, college, universiri, Or� genlinary Of learnirtg.
� shurch, church property; or house of worship.
❑ i�titution of purely pubiic charitY.
❑ Public property exdusively used for any publtc purpose.
a the p�imary purpose and function of the property is:
�,,•,' �� _- . . _ . . . -
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b. Additionei used of the property are: (giva pen�tage ot each use)' /U."� �
c. Ownership is nec�ssaary because: �sidential space to house clergy of 8�esurrec'-aan Church
Rost It° brand fex transmittal memo 767'1 �� m ws� ►
pep�, Phone N x r i�� .
.. 7`/ �1/%2' `� ,• 1 ' `s �' / �
F�� _ � a�r x �r ��r ��aPr �.�..i .
pn�n+n s ia.pa��c�nc . om
,/ i`� i
+If tFu abw�e property is �sed for any reaidaritia) purpo�e, the qut.ations on the raversa side must be anawered. .
. - �-� ' 6124227511
SENT BY�Xerox TAlecopier 7021 ;12— 3-91 : 16�03 ;
Jarne of occupaM and naturo of service or �ployment:
Rev'd Jahn Magraitm, Pastor
COUNTY ADMIN.-� 612 571 1267;# 2
s propertY used for any pu�pose other than its residantiai use7 ❑ Yas ❑ No
If yes, speafY:
Privat�e house chapel
s any part of the proRertY ussd for eommen�al purposes? NO
�oes occuparrt paY rent, either in casfi o� as paR of his salary? ❑ Yas � No
If yos, epacify: .
�
0
Is occuparK required, ss one of the terms of hts employment. ta reside an this propertY� ❑ Yes �, No If y�, why is occupant so
required7 •
ts proparty adjacent to or pert ot other property claimed to be exe�npt7 (campus, institutian grouc�s, d�urch area, etc.) ❑ Yes � No
If not, v+�hat is the distance from such property� .
Orthodox Church .of the l�esurrection of Christ 601 13th Av+e . SE P�is . 55406
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....... ..................A.N.Q.K,A...CO.U.I��"Y..�T.A,��� ��I:T..Q.F...P.R.Q�.�.R�1(....�',A,X.�S...P,AYA�.I�E......1.1�...1.9.9.1.............................
Edward M. Treska, Division Manager, Property Records and Taxation PROPEFtTY DESCRIPTION
PARKVIEVd HGHTS ADD
Owner: SI�IANICH JAMES MARTIN LOT 32
PfN: R24 30 24 32 0052 00514269 BLOCK 2
Taxpayer: Owner/Contract Purchaser
LOMAS MTG USA 7112 SIVANICH JAMES MARTIN
1600 VICERY 991 HATHAVdAY LN NE
DALLAS, TX 75266 FRIDLEY, MN 55432
1990 1991
Questions taken at 421-4760, ext, 1153 Property Class: R E S H S T D R E S H S T D
New improvements: N/A 0
Market Value: 64500 65700
I. Amount to use in filling out your property tax refund form M-1 PR, if efigible ...,....... 691 . 36
?. Amount to use in filling out Schedule 1 of form M-1 PR, if eligible .,... 577 . 64
If this box is checked, you owe delinquent taxes .. 0
YOUR PROPERTY TAX
3. Your property tax before red.uction by stafe paid
aids and credits � • • • . . . . . . . . . . . . . . . . . . . . . . . . 1713 . 6 3
�. Aid paid by state to reduce your properry tax . . . . . . . . . . . . . . . 459 . 86
�. Homestead and agricultural credit . . . . . . . . . . . . . . . . . . . . 676. 13
3. Other credits that reduce your tax . . . . . . . . . . . . . . . . . . . . 0 . 00
T. Your properiy tax after reduction by state paid
credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577 . 64
WHERE YOUR PROPERTY TAX DOLLARS GO
3. County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 06
�. City or town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 72
10.School district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 . 57
11.Special taxing districts . . . . . . . . . . . . . . . . . . . . . . . . . 2g , 2g
11 A. Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . N / A
11 B. Fiscal Disparity Tax . . . . . . . . . . . . . . . . . . . . . . . . N / q
12.Total property taxes before special assessments . . . . . , . . . . . . 577 . 64
13.Special assessments added to this tax bill . . . . . . . . . . . . . . . 0 . 00
14.Your total property ta�c and speciaf assessments
�5.Pay this amount no later than May 15, 1991 ...
577.64
...............
16.Pay this amount no later than October 15, 1991 . . . . . . . . . . . . . . . . . .
1977,28
476.73
809.19
0.00
691.36
206.30
104.02
349.85
31.19
0.00
0.00
691.36
0.00
691.36
345.68
345.68
R al ta taxes
e es te %�:::i:::`:::::::'.....,....,;....; ....:.:; •::.:,;...::� �:>:....:::....`:••:: ••'•:::::::::::::::::::::;:;:;::i::;;;:::::;•:. ..:. :,.... .. .,: � � R::::::;r:<;•>:::i::::;�:':�:
�::::::::::;::::::: " : •: . •.: :::: :. ,. ,: ,,,. ...;:::: ::• •:: .::;:::::;::::t5::`:�;:ti:::ii::;i::: g$::�g . ...;:�$7tBS.::�:::::::i::::ii:::<:i;:::
SECOND HALF TAX a a61e 1991 ::: �:<;::;;:;:zz:»>:::::>::>::>;:::>
p v >:>:::::::>:>��:�..�-�''.�.1`::::�i:���:::':�` ...,�''� ...r�:�::>:::::::::::»::>�::::::::::<:::<::::::>:::::: . . .. .�.�. ..��� ..........................
. . . . . �:�: : : : . � : : : : : . � : : : : : : .:..: .: : : : : : : : : : : .: : : :
� �
2 :' `::::;::::::;'�'::<::
RET RN TH B W TH PAYMENT
U S ST �::::.<.:a>:::�:'::::<:;::'<��<.::»:::.:.;::::..:>..>::::>:;::>:>�<�::::::>:«:<:::::::::::>::::::>::::::<:::::>::::::::�::::::>:<'::::::>:::: . .
U �'�'HH:t� .. �1'� :..........................................................
:<.:«.;;;:>:.::::;::,::;::<::<::::>::>:::::>::>::;::>::>::>:::
:::::::::<:::::;�'#�1;:'��....�,�`...:::..�.�3...:t:.f;t .::::::::::::::::::::: ��1.:::::::::::::::::::::::::: :.::: .:::::. �:::. �::::::::::::::::. �::. �:.
TO AVOID PENALTY,PAY ON OR BEFORE OCT 15 .����� ��TO�AVOID��PENALTY,PAY��ON�OR��BEFORE��MAY��1�5�� ����
PLEASE INCWDE PIN NUMBER ON CHECK RLEASE INCLUDE PIN NUMBER ON CHECK
p�N� R24 30 24 32 0052 HNA 00514269 P�N� R24 30 24 32 0052 HNA 00514269
MAKE CHECKS PAYABLE TO: ANOKA COUNTY MAKE CHECKS PAYABLE TO: ANOKA COUNTY
325 E. MAIPI ST.,ANOKA, MN 55303 325 E. MAIN ST.,ANOKA, MN 55303
PAY THIS AMOUNT 3 4 5. 6 O PAY THIS AMOUNT `� 45 . 6 8
LOMAS MTG USA 7112 LOMAS MTG USA 7112
160fl VICERY 1600 VICERY
DALLAS, TX 75266 DALLAS, TX 75266
005142692000�34568
005142691000034568
00514Z69F000069136
�NDICATE ADDRESS CORRECTIONS ON BACK INDICATE ADDRESS CORqECTIONS �?N B.aCK
�
•
208. BUILDIN�i BOARD� DESI�N CONTROL
208.01. Bullding Board C�ted
It Is hereby ordered that the Building Standards and Deaign Control, a sub-committee of the Fridley City
Planning Commission, shell serve as a Building Board. The board shall consist of ffve members:
1. The Chairman of which shall be a member of the Plannfng Commission.
2. An Architect, construction engineer, builtler or other similarly competent person residing in the City.
3. Three members — one from each of the three wards within the City.
Members of the Building Board, except the Chalrman of the Buildfng Standards and Design Control
SutrCommitted of the Planning Commission, shall be appointed by the Mayor with the approval of the City
Council except that ward representatives are appointed by the respective ward Councilmen with approval of the
Council. Membership is for a term of three years and the Council shali stapger the appointments so that the
terms of no more than two members of any committee shall expi�e in any one year. Members shall continue to
serve until each of their respective successors Is appointed end qualified. Members of the Building Board serve
without compensation but may be reimbursed for expenses incuned in the performance of their duties.
208.02. Procedure of Board
208.05
Building
Board Created
Procedure
A majority of such Board shall constitute a quorum. The Board shall elect such other officers besides the Ot Board
Chairman as it deems necessary. The Board ahall keep a record of its proceedings, shall adopt rules and
regulations goveming its proceedings and shall record the vote of each member on its findings and its
� determinations. In case of absence or disability of either the Chairman of the Secretary, the Board may elect any
member as accing Chairman or Acting Secretary, who shall act during such period of absence or disability. The
Board shall meet twice monthly and as often as necessary to perform fts duties.
�
208.03. Referral By Inspector and Manager
Whenever an application is filed with the City for a building permit for any structure to be built, enlarged or
aitered within, or moved in or into the City, and the Buidling Inspector finds said application, plans and
specifications and the plot plan submitted therewith, herefnafter termed the application papers, comply wtth the
code of the City except this section, but that said applfcation papers provide tor a structure, the exterior design,
appearance and functional plan of which in the opinion of the Building Inspector and the City Maneger may be,
when erected, so at variance or so sfmllar with the exterior dealgn, appearance and functional plan of structures
constructed or in the course of construction in the nefghborhood of said proposed structure which are in the
same zonina district as the proposed structure as to cauae a material depreciation generally to property in the
neighborhood, then the Building Inspector shall within ten (10) days after the receipt of the application papers,
file the same and such opinion in writing, signed by the Building Inspector and the City Manager with the
Secretary of the Building Board.
208.04. Call of Hearing
Within three (3) days after the receipt of such application papers and opinions, the Secretary shall give notice to
each member of the Building Board, to the applicant and to any other persons he deems advisable, of a hearing
to be held by the Building Board with respect to such application. The notice shall state the purpsoe of the
hearing and the location of the structure. Notice to the applicatn shall be by mail at least three (3) days in
advance of such hearing, provided appearance at the hearing shali constitute a waiver of any defect in the notice
thereof. The hearing on such application shall be hetd at the next regular meeting of the Board, but not less than
one week nor more than three weeks after receipt of such application by the Secretary of the Board.
208.05. H�Hngs and Fir�inga
Befor or duNng the hearinQ, each member may view the premises upon which the structure is located or to be
located and at the hearing the Board shall examine the application papers and hear the applicant. It may elso
heer any person who requests to be heard. The BoaM may adJoum from time to tfine but within forty-efght (48)
Referrsl By
Inspector
and Manager
Call Of
Hearing
H�rings And
Flndings
�
hours of the close of the hearing, the Board shall, pursuant to a majority vote of all the members of the Boerd,
file written findings of the fact that the exte�ior design, appearance and functional plan of such atructure Is or is
not at a variance or so simflar with the exterior design, appearance and functfonal plan of structures constructed
or in the course of construction in the nefghborhood of said proposed structures, which are (n the same zoning
district as the proposed structure, as to cause material depreciation generally to property in said neighlsorhood.
The Board shall further make a recommendatfon that the application be accordingly granted or denied. Such
finding, determinatfon and recommendation shall be in writing, signed on behalf of the Building Board by its
chafrman and secretary. The secretary shall file a copy thereof, certified by him, with the Building Inspector and
the City Clerk and shall mail a copy thereof to the applicant. The application papers, the written opinions and
the findings, determinations and recommendation of the Building Board shall thereupon be presented by the
City Manager to the City Council at its next regular meeting. Further action with respect to the granting or
refusing of a permit with respect to such application shall be held in abeyance pending order and direction of ihe
Council. In such case no permit with respect to the application shall be issued except upon approva! of the
9uilding Board and order and direct+or, ot the City Council.
208.08. Councll Action
Upon receipt of the application papers, the written opinion of the Building Inspector and the City Manager an�
the findings, detertninations and recommendations of the Building Board, the Council shall review all of the
same. The Council may request of the applicant or any other person, or in its own discretion, grant and order a
rehearing before the Building Board withor without directions, and request other or further flndings ot fact and
determinations by the Board as may be deemed by the Council to be in the best interest of the City. If a
rehearing is held, the application papers, the written opinion and the findings, determinations and
recommendations of the Building Board upon the rehearing are then again submitted to the Councfl. Upon
completion of review by the Council, the Council may approve and adopt the findings, determinations and
�ommendations of the Building Board in whole or in part, or may reject all of the same. The Counctl may grant
or refuse to grant the permit absolutely or in modified form, or mey grant it upon conditions. Upon receipt of
such order and directfon, if any, of the Council, the Secretary of the Building Board shall make the same a part
of the procesdings of the Board and shall transmit an authenticated copy thereof to the Buflding Inspector and
to the applicant. The Buflding Inspector shall thereupon issue or refuse to issue the building permit in
accordance with such order and directions, as the case may be. In such cases no building or structure shall be
erected, enlarged, altered or moved into or within the City without a permit being first so obtained.
208.07. Refusal of Permit
Z08.08
Council
Action
Refusal
On hearfng before the Building Board and on review by the Council, in the absence of proof to the contrary, a Of PermH
refusal to grant the building permit is deemed to be based upon facts supporting the conclusion that the exterior,
design, appearance and functional plan of the structure as noted in the application papers is so at variance or so
similar with the exterior design, appearance and functional plan of atructures constructed or in the course of
construction in iha r�e(ahtorh�ood of seid proposed structure which are in the same zoning district as the
proposed structure as to cause a material depreciation generally to property in the neighbofiood.
208.08. Penaltfes
Any violation of this chapter is a misdemeanor and is subject to ail penalties provided for such violations under
the provisions of Chapter 901 of this Code.
Penaltles
208-2
•
•
•
2xy�
, ti; ��? ; �
�
FRIDLEY CITY CODNCIL MEETIN(�} OF DECLMBER 9. 1991 PA(3E 12
MOTION by Councilman Billings to adopt Re ution No. 102-1991.
5econded by Councilman Schneider. Upon voice vote.,'" all voting
aye, Mayor Nee declared the motion c- ied unanimously.
10. INFORMAL STATUS REPORTS:
SNOW REMOVAL OPTION .
Mr. Hill, Acting C' y Manager, stated that City staff is working
on options and ernatives for snow plowing operations.
THE ORTHODOX CHURCH OF THE RESURRECTION OF CHRIST. INC.:
Councilman Schneider stated that the neighborhood meeting regarding
the Orthodox Church of the Resurrection of Christ, Inc. was well
attended. He stated that no representatives from the church
attended the meeting. He stated that Virgil Herrick, City
Attorney, presented some history and cited jurisdictional powers
pertaining to land use as it relates to churches.
Councilman Schneider stated that the residents in the neighborhood
are con�erned about the architectural changes to the dwelling. He
stated that there is also concern about the use of the property and
if it is being used as a church. He stated that the final
resolution of the meeting was an attempt to get some of the�
neighbors and Father Magramm to take advantage of the Anoka County
Mediation Services to try and resolve the issues without getting
into a legal situation. He stated that Father Magramm is willing
to proceed in this direction, and it is now a matter of setting up
the meeting.
Mr. Herrick, City Attorney, stated that he was contacted by Father
Magramm who requested a meeting. He stated that he has no idea
what he wants to discuss, but advised him if he wanted to come to
his office this Friday, he would talk to him.
Ms. Dacy, Community Development Director, stated that she will
write a summary regarding this meeting.
FLOODING POTENTIAL:
Mayor Nee stated that he was concerned with e staff inemo
regarding the December 4, 1991 Metropolitan ergency Managers
Association Meeting where the potential for ooding was addressed.
Mayor Nee felt that this issue canno e
the City Manager returns. He sta that
send a letter to the residen at risk
state's concern and the C' 's plans to
should it arise.
addressed directly until
it may be a good idea to
and inform them of the
deal with the situation
�
�
.
FRIDLEY CITY COIINCIL MEETINa OF DECEMBER 9. 1991 PAaE 11
MOTION by Cauncilman Billings to receive the minutes of the Appeals
Commission Meeting of November 12, 1991. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously. �
�
7. APPROVAL OF EXTENSION OF TRAILER LICENSE TO RMS COMPI�NY��
Ms. Dacy, Community Development Director, stated that RMS; Company
has requested an e�ension of their trailer li�ense to
April 1, 1992. She stated that staff recommends appro�al of this
extension. ,�
MOTION by Councilman Schneider to approve the
Company's trailer license to April 1, 1992. Secc
Billings. Upon a voice vote, all voting aye, l
the motion carried unanimously. � �
8.
OSBORNE ROAD:
Mr. Flora, Public Works Director, st
a request from the Fridley Medical
allow parking on Madison Street. He
this request and would support one-
of Madison Street, with no parking
He stated that this would allow f
the hospital.
MOTION by Councilman Bill
recommenclation and authoriz
action, as quickly as condi �
signs on the east side of ac
Schneider. Upon a voice otE
the motion carried unan' ous]
9.
:nsion of RMS
by Councilman
Nee declared
ate that the City has received
C ter and Unity Hospital to
ated that staff has reviewed
� our parking on the east side
�n the west side of the street.
adequate inqress and egress to
�gs to concur with the staff's
the appropriate department to take
>ns allow, to install one hour parking
ison Street. Seconded by Councilman
, all voting aye, Mayor Nee declared
Y-
Mr. Flora, Publi Works Director, stated that this resolution
adopts the propo ed guidelines for the interim program of wetland
regulation. He stated that the Rice Creek Watershed Distr.ict has
taken the posi ion that they prefer the cities to take over the
responsibilit for we�land management. He stated that within the
Six Cities W ershed District, each city is responsible for its own
develapment and plan management.
Mr. F1
and Wa
atated that he recommends adoption of this resolution and
it to the two watersheel districts and the Board of Soil
Resources to notify them of Council's action.
` _,
� �
�
DATE;
TO:
FROM:
SUHJECT:
Community Development Department
P G DrviSION
City of Fridley
December 13, 1991
William Burns, City Manager
� Barbara Dacy, Community Development Director
Report on Decelaber 3, 1991 Hathaway Lane
Neighborhood Meeting
Councilman Schneider called the meeting to order at 7:30 p.m.
Councilman Schneider stated that the reason for the meeting was to
be able to share information regarding the monastic home at 1201
Hathaway Lane N.E. with a group of people rather than repeating the
same information over and over on the telephone.
I reviewed the history of the special use permit and variance
appl�.cations submitted in 1989. I then reviewed the building
permit application for the vestibule and canopy, and the carport.
A number of residents questioned whether or not the canopy and
carport posts met the required setback. One resident stated that
it was "bad engineering" for the City to permit the footings over
the water main easement. He asked me to investigate whether the
carport posts were in fact over the water main. I stated that I
would have the Engineering Department verify this, and would
forward him the information within the week (the posts are two feet
west of the water main).
I explained that the City does not have any architectural controls
regarding the vestibule, canopy, and carport, but we did take the
time to investigate whether or not there were any restrictions in
the private covenants recorded with the plat. Through the
discussion, it became apparent that people were confusing the
special use permit�with the building permit for the vestibule,
canopy, and carport. At the Planning Commission meeting in 1989,
they heard Planning Commissioners make statements such as "if this
item were to be considered by the City, we would stipulate that
there be no architectural changes". Then, when the City issued the
building permit for the vestibule, canopy, and carport, I think the
people believed that the special use permit and variance
applications were approved, and that the City had gone back on its
word of controlling architectural change.
� - •
Hathaway Lane Neighborhood Meeting Summary
December 13, 1991
Page 2
Herrick then reviewed case law pertaining to this issue, and also
discussed whether or not it is feasible for the City to file suit
against the Orthodox Church for conducting a church illegally in
a�residential district. He stated that we would have to file a
declaratory judgement and prove that the facility is a church.
I also verified that the property is tax exempt, and made that
announcement to the neighborhooda A number of people were very
upset because they had understood Father Magramm to say that the
church would pay taxes.
Three options were discussed:
1. Pursue�declaratory judgement against the church for operating
illegally in a single family residential district;
2. Talk to Father Magramm and use the mediation services;
3. The neighborhood organizes and hires its own legal counsel to
pursue legal action.
Some believe that it would not be of any use to talk to Magramm.
Others expressed objection only to the appearance of the vestibule
and the canopy, but no objection t� the conduct of church services.
Others had the opposite opinion and understood that there was
nothing that the City could do regarding the architecture, but did
oppose the conduct of a church in the neighborhood.
We advised them that the neighborhood needed to identify a list of
issues because a number of opinions were being expressed with.no
real consensus. Councilman Schneider, Herrick, and I left the room
so that the people could elect representatives (I understand they
were going to elect three).
Subsequent to the meeting, I contacted Ann Wallerstedt at Anoka
County Mediation Services and explained the situation to her. She
volunteered to have her or one of her staff contact Father Magramm
and two representatives from the neighborhood. I also sent out
copies of the sign-in sheet to the neighborhood representatives,
as well as a copy of the site survey with Darrel Clark's inspection
notes on it verifying that the carport does meet the 25 foot
setback (Darrel went out for a third time to verify location).
To summarize, the first priority is to determine whether or not the
neighborhood and the church can come to an agreement via the
mediation process. If inediation is not successful, Councilman
Schneider wants to discuss with the City Council whether or not
legal action should be initiated against the church.
�
_ �.
Hathaway Lane Neighborhood Meeting Summary
December 13, 1991
Page 3
I will attempt to provide status reports as I hear them, and keep
the City Council apprised of the progress of the meetings. Should
you need further information, please feel free to contact me.
BD/dn
M-91-890