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City of Fridley
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Variance Requested (Attach plat or survey of property showing location of proposed
building, etc., including adjoining properties and awnership within 200 feet of
said property.)
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Comments by administrative official denying original requeat for building permit
or other pexmit. (To be completed by administrative official. Appropriate Ordinances
and sections of Ordinance to be cited.)
Board members notified of ineeting by �
date notified, and "Yes" or "No" for plans
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN T1�B.T THE Board of Appeals of the City of Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday,
September 11, 1973 to consider the following matter:
A request for a variance of Section 45.053, 4A,
Fridley City Code, to reduce the front yard
setback from 35 feet to 20 feet to allaw the
construction of an addition onto an existing
dwelling located on Lots 45, 46, 47, and 48,
Block G, Riverview Heights, the same be ing
560 Ironton Street N.E., Fridley, Minnesota.
(Request by Mr. Merlin Brunkow, 560 Ironton
Street N.E., Fridley, Minnesota.)
Anyone who wishes to be heard with reference to the above ma.tter may be
heard at this meeting.
WILLIAM DRIGANS
CHAIRMAN
BOARD OF APPEALS
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PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973
PAGE 12
voice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Starwalt to appoint Mrs. Ina Prieditis, 6031 Benjamin
Street N. E., 788-7230, to r.eplace Mr. Raymond Renner in his term to the
Human Relations Committee. Seconded by Councilman Nee. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 11, 1973:
REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO
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Councilman Nee said he was concerned about this item and thought the
motion in the minutes of the Board of Appeals may not be correct. He
added, he would not want the Board of Appeals to think the Council had
given approval of the variance without their recommendation and thought
it should be made clear to the Board that the Council had made a motion
to concur with the decision ofi the Board, not to approve the item. He
said he would not want the Board to think any matter would be approved
by the Council and sent to the Board for a rubber stamping.
The.City Engineer assured the Council that the member of the�stafrf
present at the meeting was aware of�the�intent of the Council's motion.
He said he thought the motion was in error rather than the Board believing
the Council had given prior approval of the request.
Councilman Breider referred to a portion of the minutes where Mr. Blair
spelled out a hardship in this matter. The City Engineer said approving
the variance would bring this construction in line with the other structures
in the neighborhood.
OF SECTION 45.134, 6, PARAGRAPH 3, FRIDLEY CITY
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Councilman Breider said he would like to have the item tabled until the
applicant had completed the landsceping. He did not believe the individual
should be granted any variances until he lives up to the stipulations.
The City Engineer informed the Gouncil that the applieant is aware of the
thoughts of the City.
MOTION by Councilman Breider that the variance request by Mr. Donald
Babinski be tabled until work is done in other areas. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
A REQUEST FOR A VARIANCE OF SECTION 45.053, 4, _B_4, FRIDLEY CITY CODE, TO
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MOTION by Councilman Utter to approve the request for a variance by
, Mr. Bernard Wedgewood with the stip�ilation that the south wall of the
garage contain the necessary fireproofing and have no openings. Seconded
by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
A R�.Q�IEST FOR A VARIANGE OF SEGTIOh 45 153� PARAGRAPH 2�FRIDLEY GITY
LODE TO INCREASE THE FRONT YARD SETBACK FROM 35 FEET TO 60 FEET TO ALLOW
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PUBLIC HEARING MEETING OF SEPTEM6ER 17,�1973 PAGE.11
wonder if this would create a hardship for the over the road truck driver.
He said this may be an undue hardship on them.
Councilman Breider said all the driver would have to do is park the vehicle in
the driveway.
Councilman Utter said the restriction on night parking on residential streets
has not been enforced in Fridley. He said there has been some problems with
house tractors in residential areas. He said there is no one living'in the
house and the trucks back up and pick up their orders, and this is a violation
af the o'rdinance. He added, he had tried for sometime to get some restrictions
on this type of activity. He pointed out there is a facility for detaching
and storing the tractors on Old Central Avenue.
MOTION by Councilman Utter to table the first reading of the ordinance for the
limitation of parking of vehicles in residential areas. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
NEW BUSINES�:
SETTING A PUBLIC HEARING FOR NOVEMBER 12, 1973, FOR THE FLOOD PLAIN:
. .� • MOTIO,N by Cauncilman Nee to set the. Public Hearing for the Flood Plain Rezoning
Ordinance for November 12, 1973, Seconded by Councilman Utter. Upon a voice
' vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RESOLUTION #127 - CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM SEWER
I PRO E EN PROJECT N. 103:
MOTION by Councilman Starwalt to adopt Resolution �127-1973 confirming assessment
for sanitary sewer, water and storm sewer Improvement Project No. 103. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously,
Councilman Nee asked the Finance Director if the Grace High School had received
a notice and the Finance Director said yes. , _
RESOLUTION #128-1973 - CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER AND STORM
SE ER I PRO EMENT PROJECT N0. 112: '
MOTION by Councilman Utter to adopt Resolution #128-1973 confirming assessment
for sanitary sewer, water and storm sewer Improvement Project No. 112. Seconded
by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously. .
RESOLUTION #124-1973 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN
MOTION by Councilman Nee to adopt Resolution #125-1973 Directing the issuance
of temporary improvement bonds in accordance with laws of 1957, Chapter 385,
for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 112. Seconded
by Councilman Starwalt. Upon a voice vote� all voting aye, Mayor Liebl declared
the motion carried unanimously. � ,
ION #130-1973 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY
MOTION by Councilman Nee to adopt Resolution �130-1973 directing the sale
and purchase of temporary improvement bonds in accordance with laws of 1957,
Chapter 385, for Sanitary Sewer, Water, and Storm Sewer Improvement Project
No. 112. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
ACCEPTANCE OF RESIGNATION: RAYMOND RENNER, HUMAN RELATIONS COMMITTEE:
MOTION by Councilman Starwalt to accept the resignation of Mr. Raymond Renner
from the Human Relations Committee. Seconded by Councilman Utter. Upon a
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"� THE.MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 11. 1973
The meeting Fas called to order by Chairman Drigans at 7:35 P.M.
MEMBERS PRESENT: Drigans, Crowder, Gabel �
MEMBERS ABSENT: Wahlberg
.OTHERS PRESENT; Howard Mattson- Engineering Aide
MOTION by Crowder, seconded by Gabel, to approve the minutes of the August 14, 1973
meeting as written. Upon a voice vote, there being no nays, the motion carried.
1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE
FRONT YARD SETBACK FROM 35 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF AN ADDTTION
ONTO AN EXISTING DWELLING LOCATED ON LOTS 45, 46, 47 AND 48, BLOCK G, RIVERVIEW
HEIGHTS, THE SAME BEING 560 IRONTON STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY
MR. MERLIN BRUNKOW. 560 IROI3TON STREET N.E., FRIDLEY, MINNESOTA.)
Mr. Merlin Brunkow was present to present the request,
MOTION by Gabel, sec�nded by Crowder, to waive reading the public hearing notice.
Upon a voice vote, there being no nays, the motion carried unanimously.
Mr. Brunkow explained his existing dwelling is 20 feet by 30 feet and he would
. like to put an addition of 15 feet by 24 feet off to the side toward the driveway.
He said it would be an enclosed addition that would be partially a bedroom and
partially a�den. He said the existing hou.se is approx,i.ma.tely 20 years old and
is a one story and the addition would have the same roof line and have no basement.
Chairman Drigans asked Mr. Brunkow if he had talked to any of the neighbors about
the variance. �
Mr. Brunkow answered that he had talked to some of them and he met with no objections.
Chairman Drigans asked if any of the houses in the area, that are similar to this,
have additions built onto them. �
Mr. Brunkow answered there are houses that have had additions put on them but none
have been put on since he has lived there. � �
Mr. Cxowdex asked if there were any easements, that might create a problem, in the
proposed addition area. �
M,r. Ma.ttson answered that there was not.
Chairman Drigans stated that Mr. Brunkow's request had been heard by the Council
on September lOth and he asked Mr. Brunkow what action the Council had taken.
Mr. Brunkow answered the Council had approved the variance depending upon what
this B�ard did. � �
Mr. Mattson stated the City had asked_Mr. Brunkow to write a letter to the City
Council asking them to take action on his request before the Board of Appea.ls
meeting as he indicated he was in a hurry to start the addition.
Chairma.n Drigans asked if the other homes in the area were all set back the same
distance as this one.
, The Minutes of the Board of Appeals Meetin� of September 11, 1973 Page 2
, Mr. Mattson answered that all the houses appear to be in line.
.
MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried unani.mously.
Mr. Crowder said he could see nothing undesirable about this request as the
existing house is very small a,nd we have found no reason to be opposed to this.
Chairman Drigans said the hardship seems to be the existing house location and
having only 600 square feet and the owner just wants to expand it.
MOTION by Crowder, seconded by Gabel, to concur with the City Council in approving
the variance. Upon a voice vote, there being no nays, the motion carried unanimously.
2. A REQUEST FOR A VARIANCE OF SECTION 45 134, 6, PARAGRAPH 3, FRIDLEY CITY CODE, TO
REDUCE THE REQUTRED FRONT YARD SETBACK WHEN M-1 ZOIVING IS ADJACENT TO ANOTHER
ZONING DISTP�ICT FROM 100 FEET TO 70 FEET TO ALLOW THE CONSTRUCTION OF AN OFFICE
AND WAREHOUSE TO BE LOCAT�D ON LOTS 1 THRU 20 TOGETHER TJTTH �TACATED BROOK STREET
CENTRAL AVENUE ADDITION THE SAME BEING 1290 - 73RD AVENUE N.E. FRTDLEY MINNESOTA.
(REQUEST BY MR. DONALD BABINSKT, 900 WEST COUNTY ROAD D, ST. PAUL, MINNESOTA.)
Mr. Dick Brama, President of Bryant-Franklin Coxporation, and Mr. Babinski's
partner, was present to present the request.
MOTION by Gabel, seconded by Crowder, to waive reading the public hearing notice.
Upon a voice v�te, there being no nays, the motion carried unanimously.
Mr. Brama explained they bought the land with the understanding it was an
industrial site. He said when they applied for a building permit they found out
only part of the land was zoned correctly and part was zoned C-1 and part was
zoned C-2, so they are now also in the process of rezoning these lots.
Mr. Brama continued this building will be just north of the building they built
last year and are now renting out to Onans. He said they want to build this
building and incorporate it with the other for the rental market available with
Onan and Medtronics.
Mr. Brama said they have ordered the steel as they never anticipated they would
have to rezone, and the steel should be delivered around the third week in October.
He added the building wi11 conform to all the other Codes except the front yard �
setback and they can't move the building back farther as they need the space in
back for parking and the loading dock.
Chairman Drigans asked how old the existing building was and Mr. Brama answered
it was just completed last fall.
Mr. Crowder asked about the zoning of the corner property on 73rd and Central.
Mr. Ma,ttson explained there are two or three different zoning districts on this
property and across 73rd Avenue there is C-1S zoning.
Mr. Brama said the part of this building facing 73rd Avenue would be dedicated to
offices and all the loading will be in the back so the C-1S zoning would be
looking at a store front more or less. He said the side of the building facing
Central Avenue would also not have any loading area. All the doors for loading
are in the back of the building. .
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973
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PAGE 10
MOTION by Councilman Breider to table the consideration of the ordinance
until later in the meeting. Seconded by Councilman Utter. Upon a voice
vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously.
RE UEST FOR APPRQVAL OF SIGN PERMIT AND WAIVING FEE: APPROVAL OF LEASE
A6REEMEN FOUNDATION FOR ISLANDS OF PEACE, ING. :
MOTION by Cauncilman Utter to approve the sign permit as requested by.
the Foundation fror the Islands of Peace, Inc., waiving the fees. Seconded
by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
MOTION by Councilman Breider to table the consideration of the lease
agreement. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the mo�ion carried unanimously.
CONSIDERATION OF APPROVAL OF A FRONT YARD SETBACK VARIANCE FROM 35 TO 20
FEE ,� 6 IR N N S REET . E:�, B ME LI BR K:
MOTION by Councilman Nee to receive the letter requesting the approval of
a variance in front yard setback. Seconded by Councilman Utter. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
Councilman Breider said he did not feel the Council could do much in the
form of action on the matter because a• Public Hearing was required. ,
The City Engineer said the other area properties have the same setback.
He suggested the Council concur with the action of the Board of Appeals at
their meeting which would be the next evening ar September 11, 1973. Mayor
Liebl stated he had no objections to the variance of the setback.
MOTION by Councilman Nee to concur with the action of the Board of Appeals
at the Public Hearing meeting of September 11, 1973. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimouslyand the recommendation of the Board would be conc�rred
wi th .
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 22, 1973:
CONSIDERATION OF A REZONING REQUEST, ZOA 373-08, BY NORTH SUBURBAN
H SPTTA _ �TS RTCT• . RF n F FRnM _ crnir_ F F n ,ir i snir_ �_ c
The City Engineer explained there would be no action necessary on
this item because it had been continued at the Planning Comm9ssion
level.
CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P. S. #73-06, HARRIS
AND
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The City Engineer stated there was no action necessary at the present
meeting. The item would be brought to the Council for Public Hearing
at the next meeting of the Council for consideration of the final
plat.
REQUEST BY JOHN DOYLE (6305 EAST RIVER ROAD):
The City Engineer advised the Council there was no action necessary on
the item as it was to be rev9ewed by the Planning Commission and this
viould be done the following meeting of the Commission.
BOARD OF APPEALS SECRETARY:
.,
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REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 9
the property is properly zoned, and the property owner is entitled to
a building permit. He said in this case, the applicant is requesting two ,
th9ngs, a variance of ihe front yard setback and the vacation of an easement.
The City Attorney said ihe City would not have to grant these requests,
and the property owner would not have to grant the City's two requests.
He added, the Council has asked the two things they desire and this would
have to be the owner's decision. He continued saying, he was not indicating
what the Council should do and he was not trying to say this is a good
or a bad trade. The City Attorney said the City has been asked to do
something, they do not have to do, and the owner has been asked to do some- �•
thing, he does not have to do , and legally, there is no requirement on
this.
Mayor Liebl said the Council had been over this matter four times, and he
felt it to be only a matter of aye or nay. He said ihe property owner would
not have to give his property away and if he holds the Ci�y harmless, nobody
will be hurt and it will be the property owner's prerogative to build a home.
Mr. Daubney agreed with the City Attorney stating, the City could give nothing
and the applicant could give nothing. He explained it was his purpose to
negotiate something for the City and something for the applicant.
MOTION by Councilman Nee to table the matter for one week. Seconded by
Councilman Starwalt. Upon a voice vote, Nee and Starwalt voting aye,
and L•iebl, Breider and Utter voting nay, Mayor Liebl DECLARED THE MOTION
FAILED.
MOTION by Councilman Utter to waive the second reading of the Ordinance,
to adopt the second reading of the Ordinance, and approve the variance, and
that Mr. Daubney, the City Attorney and the City Engineer come to an agreement
on the six foot walkway easement on the north side of Lot 11 between the
creek and the 856 elevation, and that the applicant grant a six foot utility
and drainage easement on the south line of Lot 11, and that the applicant
wi11 submit a letter holding the City harmless for any structural damage •
caused by the soil conditions or steepness of the terrain, and that the
applicant provide documents for items one, two, and four before the
publication of the ordinance. Seconded by Councilman Breider. Upon a —
roll call vote, Starwalt voting nay, Liebl voting aye, Utter voting aye, •
Nee voting nay, and Breider voting aye, Mayor Liebl declared the motion ,
carried three to two and Ordinance No. 546 adopted. . . '
CONSIDERATION OF FIRST READING OF AN ORDINANCE REGARDING TRUCK PARKING
TABLED AUGUS 6, 19 3:
Mayor LiebT suggested receiving the ordinance.
MOTION by Councilman Breider to receive the ordinance and that any discussion or
action on the first reading o.f the ordinance until the next meeting of the
Council. �econded by Councilman Nee.
The City Attorney pointed out he had obtained some of the material from the
code and some definitions from the State Statutes.
UPON A.VOICE.VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
NEW BUSINESS:
APPROVAL OF BUS SHELTER AT INTERSECTION OF MISSISSIPPI STREET AND T.H. #47:
MO7ION by Councilman Breider to approve the bus shelter on T. H. #47.
Seconded by Councilman Utter. Upon a Voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Councilman Nee said there should, be an opening in the fence from the south.
CONSIDERATION OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION DISTRICT
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560-3450
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ANOKA COUNTY
6431 UNIVERSITY AVENUE NE August 31, 1973 fRIDLEY, MINNESOTA 55421
Mr. Merlin Bxunkow
560 Ironton Street N.E.
Fridley, Minnesota 55432
Re: Variance of Front Yard Setback
Dear Nir . Brunkaw ;
We +inderstand that in order to save time, pou would like the above xequest
to be considered by the City Council at the meeting of September 10, 1973, prior
to the Board of Appeals meeting.
In ordex to get this item on the Council agenda, you will have to submit
a letter, stating your request, to City Iia11 before September 6, 1973.
We want you to understand that if the Council approves your request
it wi11 be conti�.gent upon the Boaxd of Appeals approval.
If you have any questions about this ma.tter, glease feel free to contact
me at 560-3450.
Sincerely,
, DAItTtEL G . CLARK
Conanunity Development Adm.
DGC/mh
CC: Nasim M. Qureshi
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9-5-73
City of Fridle�
Dear Sirs�
I�rould like to construct an addition to my place of
res9.dence at 560 Ironton Street, lots �FS, 46, 47, & 48,
bloak G in Riverview Heights. The addition in �uestion
would be constructed onto the side of the house� a,nd would
require a variance of front yard setb�ck from 35 to 20 feet.
If at all possible� I�ould like to have the abo�re request
to be consdered at the Citg Counsel meetin� of September 10�
i973. Prior to the board of appeals meetin�.
I would like to commence construction as soon as possible,
prov�.ded the vari�nce of the front yard set back is passed
a,t the councel meetin�, so I may require a buildiag permit.
Sincerelg�
Me rl a Brunko�r
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III
4A
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOA.RD OF APPEALS
TO WHOM IT MAY CONCEI.tN :
NOTICE IS HEREBY GIVEN THAT THE Board of Appeals of the City o£ Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on �a.esday,
September 11, 1973 to consider the following matter:
A request for a variance of Section 45.053, 4A,
Fridley City Code, to reduce the front yard
setback from 35 feet to 20 feet to allow the
constxuction of an addition onto an existing
dwelling located on Lots 45, 46, 47, and 48,
Block G, Riverview Heights, the same being
560 Ironton Street N.E., Fridley, Minnesota.
(Request by Mr. Merlin Brunkow, 560 Ironton
Street N.E., Fridley, Minnesota.)
Anyone who wishes to be heard with reference eo the above ma.tter may be
heard at this meeting.
WILLIAM DRIGANS
CHAIRM�N
BOARD OF APPEALS
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