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AF-AG - 45527� � ����42 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. ' �.F`'�?r��.`,: [��, `!'��a��.� I �e-:- - - . _s_.__ ._ _ PRO� �:;`.: .. �'„.l�dd�C[�R19R yy � . C3�.r�-AA.s� O�t�T�r P�t����z� i�a Ntr�tH(�il�1T�A ..� ����5�' 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 ��, ' �CC�i�� '��� � �- Wa.11iam W. Burns - City Manager � , • 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 I�T �� � A �Y������► �o- a��3 � ✓.. � � �� C+ �� h' �P F�' a �� �, .'! Fi1 �n� � a � � �c N C N z � . O( �� N pi� � Q a � 1—+ • s �a�� �� ���-����.���� � � � �- cu �u ••. �� S° � �< ��'� � � a + `� ��.o�: � �� N �• � O N � � g W i�a 5�8 �� �w' ,�v�� ����� o cu fD � ►-,. . � -� . � ��� ��� � � �- � � � • � F� 0[!' ��� hS�B��b-�� TT�b�OQ s .� ���.... :��-� f<<_�. . �r.: . r. � T : �.,:�:� _. ��o��� 'S < �. � fD � co � ►+• r• a `�a m � -������ � � � �. ,,. � �o��� �� � � � � � � � �.� � �N��� � ���o � ���� �. -��. � �� . �. � � ��� � ���� �� � � ���� � � � � � � `���� � � �� ,r, • � � ���� • � • 8� �� � ��� � cn � �. c� ° ►-• , � `�B ` ���. � �� @- ��'� � ���.�-� �� � `��a� 5+'��'r���. �a c-wi �<�.� �"v' c� � � ��a��u * ��� � � ���� � �.� ��� � � �� �p � � � � z. k ����� � I�i� � 11 � � I�I I I I � � �. ���� � ��� -� � ° F��� � �a�e~�� � � Z r-� � .: � �' -�-I ������ � -- � � .� o � � W � � � �� n . � �� N .. `� � � � � N �� �� -�-1 e �z � 0 �� � � CJi � � �� � 8 � G' m �. �O �--� C7 � ��� � � � � � i 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 � . ���, .k-,�`' . � 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 n � � , �;t9,49� � EXHI.BIT A ., , . ' --�-�- . . � ;- - �- - � � � I �:: M �e�-ro ��tiRb.11JA66 gt 11T�LITY pei � i EASEMENT . .,. � � g � � � ` ,� I 2 ( �" � I�� � , _ 0� �'�! j � J �. ' v- I . LL � � 0 _�; � l 2 i ' N � � � H I � � � �' � ( � � �, � � � � a" 3 �- �� � � � � . . � ,; ��I �` • ; 6 -►, �e- .`' I -' I .� qTNq wQY `a �E � 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' _ � � DATE � NEO. 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N. p� u. W �OWJO Noc~r�rt�i� y�d C tn� ~c�t . bmw�tyc� Or�w � �-wn ctc�'FMN c�t(ND �iOOa'wcAt k rtnfi� � � m c�r � � � Koh a�'a ��r �C N �C . � N• t'� �ro � c� ro � � ~� o N�'F� �i f� fD �' (D ti fi N fi � � N 0 0 0 0 N � M rt acyt�o xmaa W (D PF w`�wa� u. �cxo�� waoa • N � � cNi � o ��� W fD c'I' `�avKi r°-n~� �r 0 � �io�7d a�� �CNN . �. r� �ro rt �ro � wa� N �C', � F� o K cNt o ��mc�r morta � � �a�� M���' x �- � o ro�� K w rr �Ma a�� �' �- w~ n W� �oa k �� . � h�I C �fi� �� � N C fD � � fD � F' C1 � 00 0 0 N ►� . M � ma�o `�roca W • fD ff a�n�•a oc�i�� �ac� m��n �N�(�D �•ro�n ��Hf�D � F-�• � N fi�� � a n K o cyt ao' � �N � � r �°oro � N N � �P W • N Cy �i � W �� rtro cOt �- � f~D A�N�C ���o � � � M �a�i�o wm� n • Nocyt �rt� x a c�i rort� xw w � a �Na ao� �C t�D � � �R C � �' � r �� cn cD �P W N � N MWO aoc�u � � � . � ��a c�+ � �� W ft N � F� N lJi N � � v o~o a� o0 N N ►R ►Q . . ft Ct N C7d0 r n�iK�AO K w r• A c�ccxa (D fD fD W c'F . N ��a � �aw� � �daa c�u w �d " w o ct � U� W �' c�a� m cD cr ct N ;� (fiD K a rwr�� c+ c+ o � c"'n�� �D o � � N �'' (A W t-� O f! ct � � n � n fAfDNW �' �• `� a �`� a°a �� ���� �'J WO . o�� `� m o c�'1' W (D cai�o �z" O � � � n � \ a a K � N � N O � W � W r O rF � K � a n � c� � N i N I � 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 0 .� .� N E W S P A P E R S � � � {�� � {��� ��� � 5 I n- Ivine � _ =��� � ��: � � � �� � . , . � : � J :� � .�� �� � , in erven lon ._� � �� �:.� .t ��Y�..i � y�,p ±'� L AS � . . �. .5 ��� ..� . 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 �.� 'l'�llik� Ji1 c'i1t��. � y� . Big gend • Vbro�s Dinnsr Bulkt Sllent �n ` Festive AAldnigM � � . 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TAYLOR 4.0370 sUQVEY �o� AR�11D E, CA�LSOl�i �►. S;N ti 1 N C, lbucbcpo�'g �crti�icatc � tiRou ti 15,Q � lpFl A�NAf�E �, �"CI LtTY , EASEk�►�T 0 3� �`�_.� . �� Lo� �� ,___, r- I ,� � ic _ �� ;, _ . �� 2�--- 9 rr ; ; _.� , . � I � � J o:�°g3� �.� �RoN-,� AF t9.aS �. Ra 3��4.65 � I� � � � ! i �/��[" le� �'� WAY 3 PR�P��SED RE9''vE1.10E. � (STAKE�) � 3a.o � `�C°p6 �Z� �� ~� S� R. 3Zq�;5 � � �o _� , � r � O g i � Lq�E r�RoN •LATTINO I�IIM su�v�r• LAK[/MO�1[ JuDlc�wl v� yi� � �� �� �� �. -- -- 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�.. '.s st:rv�yed by �e thi� �th �y of :+ovember 1��2 �'►. �. U � � �*��� �nC�r� �.�r � 1 i:.innesota ?.e�_istr��ion '•+o. 25�4 L1",d , z �� 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 0 -�9,49} i9 . �—f. �_ � --I—�- � . i ( � �; , � M ,r� le-6 ��tiR�►�1JAG6 8� LLT�LITY M EASEMENT � � I _ I,• -" �1�� ` �„ : �QI . ; �� � ° � `r! � I ' � i , LL� ' I o = � � °' I � , ; ." I � �„ � i o I j�� . �- � i °1 � ( � ►��- a . � �� '� � � � � , � ,; ��j+.� • ; 6 -� �-- ��' I NarN , . � a�aY �aNE � I hereby certify that this is a true and correct plat of a survey of: N 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. r'`" �.__.� . .�� . CLIENT yVlp,I„TER MAURER JOB N0. 10, 963 Z � �� ��� � - � EG. N0. ��� � I BK./P0. 728/36 DATE SCALE 1" = 30' SHEET 1 OF 1 ` 5 " �. I M I . ' .I ..3 - / Y. A . } . 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" i . , � . � . . .-.T. .. . . . � , , `r�. ��. �. - • ` , � ,t � . . �. ,,; , ; . i � .���-�-___..�..���., ! .� —:----�;c , ' , '' � , , ;r�*• r.� � t r� ,�. � ,s N � r� , , � �,��, ( � ^• .R . - �'9 ,�JJ . �. . � � �� , ._ .._.;._.�.t_._.._�.-� 1 . _�° � �: � � . , i � 1 .._....._ ..... 1... ; � '_ __.,.:..�._w_�.---.---•---- . � i I ! # ., ! --� j� � I � � : � � � � � , + o. . �. � ;�.� � . � e� s .� �...a � - --�---,smm__.._�_. �.�_.___, � � t ; I ! . i , � � C P , .. .___ _ .. �..._. y. . ..e.._=._.�.-� �� i r�"'�`, 3't , ... �, � �.`; { � � D � _J.a� , , �T, ��..'� �-, �s N. ,. _ .. � � '- �`� � � � � r c � � F� vp �D ;r �� � 6� k � � � � � '� "_ o :� R r . . 2� t� . _� u. 0 z r_ . i+ i � v r _ � . 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 , �� \ \ � ►� 1 �\ -�j C� � � i. � '� <� C/! .� i� V \ .�� \.. � \ � � � � �' \ .` � ``'�_ � _ �- � � �. ;� �.. oa����-: 'z� ,::;+',� �is; _ tV. :,,'X,r • , �� 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 � i _ � 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-: �-��,�, r `�� � $x �.�Y �;:; <:�`.:� � c� a 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. qti� I ` � � � � � — � �� ��'� � �% � ��.�ir►e'` � awd V'k�1��"� E�i�.r►i� �1�a � �• � ,r - __ �K. �I.t �_ 1 �. � � �'w'll 1 1 1 t � �i ,► �. � � . _ _._.,. . � i� Z � 1 � � � �` , \t � �i; s ••r � 3 � � � . i �!+ � .., • � � �D v � �_°-� . _� � r- �S't � � �� i� . � r ♦ .; �� iN � ♦ � �,�� � �. Zo.� � ♦ . � � ` q�. LOT 3 , � atinq Garaqe \4,�, ' _ , * I � * . •�4 �1 N . �. � . � �♦ � o •� 1 ` •` i� ` 1 � � �.� •� ) �r � � ���.o ��,` �� / . I w'p i MI��� •� f � � � � 1 V ! - � s 4� \ 3s�. � � � � � �� 2�.6= i •� . 3� � � � a � � * �,W.— Address: 1201 Hathaway Lane e r i � � = li Z - } : r F.�cistinq S/E Wood Framod Hou�e c�.. � o + \ �► !� . V � _I+ WAt ." _: �' �� 6�.s 1 ...a. �� ��5� �ss•�t I�F.t e �o� ��� ,��. �` . , ,�. �r 1 o t • - x � � � t�a i.s�' o��,.��..� —J '�• 9�� � �� . . . . . . . . , ' . .s '^ � a • , _ � ��_ C�wcra�t •_Si�t�lk'. , • � > ` . � 1 .� �s, � -,� � s� 3� � _�� �u �3� . 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' * I � * • . .`�r N » , \.� � � '� � � � /"'� .`•\ t �i �,. �.� �� — — V _ �� . � . � \ ' . ?A.1 I �� ~� l , s �- v � ! 4f � � r � � �s " e 4i 2? •6' i '�n �s ; � � -� � � W, j � !, s �' � _w; y r �♦ + _I+ ��� y : . ♦ • � 0/ � 6.� i. -� � M►�t�t ? �1 1 ' �= � r� � � � i ,� �s`: � � s� �,'i t .j � � � � � �u � � 3C � . v ��x� �� .N �� L � 19. �� R=�g4 6 •. \ �s•53,� 8� �q•45 . � CI►.gr,� � ' 'I ,v ' i�• � , . . N •`�� � ., � � �� a'J� �w•• � � � ss�. •1►ddress: 1201 Hathaway Lane F.�cistinq 5/E Wood Fraio�d Houas �� 0 �.�s�' �ss�* ��.s — 1 r_ � 0 y 0 0 ���Lw�� �� . aA +�P � — f —J . .. "9�� Z, t� � �•s o�k�..� �.' i � . � ,S n, a p ' � �' C+:�n.+e � S:�e�i�lk . - . •. .i. . _ _ . . . . . � . . • . : , , •. �` � � �. * t iSW� +� �I d i . • � ��V�. G�?�V�1v6 ti ' � Ml�.w�� ,�� 57,27� � A C.1��3�4•6S _ � �• �� 57►./q C1�. �� N Q6'ZT � b .� �Oip�"W 3, � 8i�r�•VrS Cr1b ► � � � t i � c . t' � : � : � 'u I, i i _. . _ � / / ( -�� / ��— ow,�b , i��`l /i� N��lCpC41 E ; � _ � OR - � �0 � � �, i ' �'� � , , i o r w , � --- — �- - " � � g •��D �► ZD" � � � � � I �e � �vc�ue � 5 0 , ►.. 6'� I � � � r , " � 4f'� � s s ••� , � e I / -� ++ �\ , � W , ..� / ��' . , , r � r � 6,. � . I 8r C N lL • a{* � `\ • � i� � � � 6a _ 6M �p , � 86 r--_ - rOwTM OAAy�f % 1 M�1Mr�T LANt �"'�� ,�e / � � � M �� j s ~ L�IO< 6 -. �IVL � . , �— -- - �• �p ' It � • T � J �� � f I � . ~ 6 � °° � 3 e � . � 1 �• • eo , � 1 /2 . • � •. 8 .� ,r� d � W � / + , s . r �, T r I � 4' ' � � � 6" ,,,K - � '� ,. � � - — �. .` . �o . 1�� � , ' - Gy �n NN�I� - - . � ���� e � ' / f- « 54 • ' ' • IP a ��o . � � ' - � e�� cou�� ' � - sEt �s w�ir � . I� fOQ 0[TA1L i0. � �T � � � � � •rr000 ��w[ � �.[. � � ' . � GH� . � r �. � . „ . � - — - 6� � N ��` . 1 � �r �r ,aP «E� . � � i � t � r � r 1�9S0-f.! � i O i r r � OVERiL � t � _ • � a • �� � � � � �� ' p � � � b����. �c�e I � � a i � + s � t+��M� � _ � � �--� i� � �.-- . �i � � \ \ u � .1 � . S ( C . ,%�.v � �i�y /oo� �'�- 6:�aw�i�w �j AAj►cu.t L►4 4wa. °��k -- 8 g9° 02'00" E 75.00 - _._._._. ��.:. . I. _.� — • --•�ova.-1.�r, li.�'.I;�ias �'�'�"'�.�'�'—'-=� . 4 ♦ . p�'1•,' ! • ,'\ � � � � ♦ � `� � � �+b , � Dro:ws'e. � o.►a U�F�1:+y E.s...wi� =��tt . ' � � � �� K s�`wau. -��'r 1_ _ .� �i.� j I � � � �^,.� � � t � �. �v - `i� \ �s'• � � �\ x w r � ' iA i \ � i ` ,,;�� .� � �� �. 2 . \ q.w LOT 3 1 � stinq Garage \4i�,y •�x. N I � N � ti 1 � ,\ � w� /�! '` � , � � �� ct��'y � ,�.3 r •� � t � \ Z �� i��N 1 \ . �.1 �` � I�'� V 9 o v � t 4° � p � � y� z2.b=+,� ° �N �� d � � 'es-e � W, + n s �'' I = ►i 7 -I �+ : I a. � � + I � I �-N � " ,: G�t 1�� .` .` � �1 O '� O�,�R _.. {w°,a �\ i � as.� *Address: 1201 Hathaway Lane � � Enistinq S/E Wood Framod Houcs N O y �r�~?��` o ����' • 1 • _ �: x9�e.i ` 6, �z o' „ _� � is'= � w' \• � � t� � ��< '`� ,, , J 1 `u 1 � �� . v ' y` ` x , i I 4� j � R a �9. 4s _ �� ; `. i :�4�48, � �. `� � �s 19.46 8g �. � d CI�,p r �t �\p � ♦ \ �._ :� �� ���IY�i� � � `32 � �I" 57.ro 6S 4 = �-� ,��SbP�' 9ii��t — iw.z � __ _ a�i ■� 4ti�' / � � � � : • � � � � � �� �'� �+�(o ; Dra�in�9v o.r►d Ut:li� ♦1wf � � � � _ � y E �ssw...M{ !� � � � �� —�— ,� s� plot �_ i 1 � t'f'W�llo�a q33 a . ,. � .� i � . i {� . • � a I `., • � � d � �. � � � b.o� . u � � �- �5's� .� � ' � %� I �7, �' 1 W � r � � N � �� � / ` , q3� 1 Y� � � , 20.1 � . � ` o� LOT 3 e Ex'sting Garaqe a I -� � � � I � � o � w. � it � . a f N � � � \ ?� •1 �. .o a/ �. �b � . �-� o : � q�� . — I ' , � � ,� 3 o v � � � �° � � � � �� 0 zt.6= i ',� � ; t � � . � •_ � e�. � . .\ � `� � ., .\ .\ '`�� � . ` O``K w�°a '� { � 3s•L � W �"° *Address: 1201 Hathaway Lane \ u1 r� s � _ +�"� _I r Existin S/E Wood Framsd House s� h. � p ♦ N g � � + � _ \ a :-I-� � - -� F I � °� � y . �.�° / � �� � � f • M�.t� � �Y O o �o"' �r���►w�` �c,j,`�.� ° Z Q'f a� � �•���vk��� �. � I � � ' � �rt�4t • tw�lk • • , .4 1 3 . `\ . ' � ' C8� � � ` ��� e � .�,1 �� 3 ,. a �s�� � a �v � � 1� N � + j � �"�F ��f l �F� � Qu � � }� v ' '� . M� ��£ � � rn�� ,��5� 9�L•Lt 14.Z �o a qayo /I-V•RI RoaF %Q�wc� + s�►ppa�—. '��C4�'�x6 �•x _ i i� Ati^` � ` � L � � � � 4 ' i,�r /� R=� S � � . � � Z� 4�65 � ' - : s ,. �� Ck: � q. 4� 8 �� s 7 2 7� . o: C i►. s � t+ � � i a 3 : � r� '> 24�6 ���,. � � ��SS"w��� � �; � � 5���9 CI� a =�0•o�6�Z� � � °� '��, .� �� �'�N�'o�pgn �,�` N � � w ` s�►;t � ' 'r`� 9�+�.,,,;�«.s Ck�b CaataWJvc �, • Ms..►.hoi i -- � C�* Vv; 4:ed �,� � �i e_. . . ' , t � � __ qti��l 1 � PeWt� ' Polt _.�_. � • � , o/v��+o � 6x�.,w�iow .j ��� �f�O/ �a;o�.....►t �� L;.,� ='_.5_8_9°02'00".�.-- .� �5.00--- � ov�,��:�� l;.t',�����s :3"_' ---. _._. _. _, = _. ` •� � � : - � � .. � . e ;+.6' ; D.-w;r�e� ` � �_ ,, � • _ � a�d u+;�,+y E.S�..,w�-� s,�s —a--- ' � � z�'w:ti.w - - �� p�.r i.._ .�,. � .� � �3 � _� ; .. . _.. � � � � � d�p'v �b.o� X w �` � 1 1 a � w. M� ,a (�i ���. ",�,��'�'.,� ° i � _ �1.3 ,� � — i5't � � •� N � ` � � Yq��. � � 20.� � �, ' ` � LOT 3 � '�•. . � - � I � ; ' sting Garage \4x� 1' I � f �� ` �r J p � �, � ` � � � . � � ,\ . ` ` \ \ � � �•1 � � � o .\�\ � �� ;� '� �Q,c•K ; \ /Wo°a �\ �,�� � � ; �, � �. 3 -+- Cr � v � I �a � .� �°s 1 �`Y 2 6 °- f 'N � �� ; � � � � � d S '° � � � dW� d � �' � f �' — • �w e + � a r n„ ] t .}. N � "�'I {d, o I .M �I o 1 —. .q . � 7 w �� :� f \Z � � � A,/I ,� -� IS�: � � � � t� r .+ � 1 , �1 � �� � � t �u � \ _�v �� � d��� � � � �� � � �9•45 �, i _Z� 365' �, �=k: � q.458 •\` V�`'�=n .._ .�� ? � �� `3� *Address: 1201 Hathaway Lans Existing S/E Wood Framed House ' , ei � 7, w a , i '��� r % � �r � . I/ i` � � `� S 7 „ ' :I � 7 , r � • � � fir � ��SdW�v � .�'- � � O O ��� 43�. �` , � �m` � � ,"''-.�� � �,� _ �. 4 � a�a4 C.� ` • 6 ,'�7.�� ,.. �� 'CoLC�\o?�' 9iL•�t I 4�, Z � - 'i � � {I� ► � ►o.a � 9,y°9 F- �� � ,. - � �s "� � ��� ��� � ��- � �.��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 • . � . 0 � C p� C.� • . 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: �,,•,' �� _- . . _ . . . - �� 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 Q � ....... ..................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