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VAR 04.03.69CITY COUNCIL MEMO -6- AZRIL,3, 1969. S. CITY ENGINEER (Continued) �b �3 D. The Council received the Minutes of the Board of Appeals Meeting of March 5, 1969eand concurred in Board of Appeals k .3 4, request for a variance to reduce side yard requirement to 3 feet to.permit-construction of a double attached garage on Lot 2, Block 4, Rice Creek Terrace, Plat 7, (6893 Madison Street N.E.). ACTION TAKEN: The applicant is aware of the Board of Appeal for the variance. He has not requested a permit to date. E The Council received the Minutes of the Building Standards - Design Control Meeting of March 12, 1969 and took the following e action: l) Consideration of a request.to reface a building located on %U Lot 1, Block 1, Walnut Addition (7365) Central Avenue N.E. for adequate as b The Council desires arrangements parking, the applicant he cannot remove building to rear as .indicates it would virtually put the hardwaxe store that uses it out of business. Also, Council wants a letter forwarded to fee 1i holder on the request. Also, stipulaticns as indicated by Building Standards - Design Control Board in Minutes. 0I C 0 wffr X011 16, fe- soy 77 1� UPeG4. ACTION TAKEN: Permit issued to R. Povlitzki to reface the building at 7365 Central Avenue N.E., Frontier Club, after receiving a sign and notarized agreement. Also, received a le&ter of approval from the attorney of �. the fee owner. 2)'Con'sideration of a request to remodel and install additional bay'and storage room to station at 7650 Highway #65 (American Oil Company, 1405 Melrose Avenue, Minneapolis, Minnesota.). Item was tabled until a representative of American Oil is present. ACTION -TAKEN: W.G. Hosenga has been notified to represent the the American Oil Co. at the Council meeting of April 7, 1969 in -regards to the request for a permit to remodel the station at 7650 Highway #65. Council approved request to construct a commercial building on Lots 10 $ 11, Block 6, Onaway Addition (7714 Beach Stree t Northeast).. Request by Arnold Peterson. Subject to stipu- lations indicated in the minutes, with the understanding that water and sewer will not be installed until fall. ACTION TAKEN: The applicant has been requested to supply all plans for the permit to be processed. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on Wednesday, February 19, 1969, to consider the following matter: A request for a variance of Section 45.24 to reduce the sideyard requirement to 3 feet to permit construction of a double attached garage on Lot 2, Block 4, Rice Creek Terrace, Plat 7, the same being 6893 Madison Street N.E., Fridley, Minnesota. (Request by Jerome W. Petersen, 6893 Madison Street N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS PUBLISH: February 5, 1969 February 19, 1969 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on Wednesday, February 19, 1969, to consider the following matter: A request for a variance of Section 45.24 to reduce the sideyard requirement to 3 feet to permit construction of a double attached garage on Lot 2, Block 4, Rice Creek Terrace, Plat 7, the same being 6893 Madison Street N.E., Fridley, Minnesota. (Request by Jerome W. Petersen, 6893 Madison Street N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS PUBLISH: February 5, 1969 February 19, 1969 APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) i 1. Name and Address of Applicant 2. Legal Description of Property (also gene al location, such ass"north- east corner of 64th Avenue and 5th Street" or 6415 Fifth Street") 3. Describe the variance requested. (attach Plat or Survey of Property showing location of proposed building, etc., also adjoining properties and ownership within 200' of saidproperty.) • is �A �O 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate ordinances and section of ordinances to be cited.) - 2 - 5. Notice of Hearing appeared in Official Newspaper on the following dates: a4.1-U.40,v � -- i.)- > 46 4 (must be at least dnce 10 days before meeting -- copy of notice to be attached). 6. Board Members notified of meeting by (List Members, Date Notified, and "yes" or "No" for plans to attend hearing). A Name Date Plan to Attend LULL,- IF fy-eIk& �� N�;v �,do 7. Person making appeal and the following property owners having property within 200' notified: By Phone Notified by Name Date or Mail (Initial) � +E yip� C, E,6 Lt txl® b a . S. The Following Board Members and interested parties were present at the Hearing: BOARD MEMBERS - 3 - OTHER PARTIES: NAIIE 9. Opinions and recommendations by BOARD OF APPEALS: ADDRESS March 12,;2 MPPtj-ng* Ra =1iPs+.. wa.g g=.gn+.a8 CV'a.ri annP from 5 faint to _4 fern± p airiPgarr1 vrarianoei a.a +..ha Board on111d .S`PP a. ha.rrlghij). 10. For Above Recommendations Against Recommendations 11. Action by City Council and Date: SIGNATURE REPLY: m DATE SIGNATURE ORIGINATOR — DETACH AND RETAIN ATTENTION OF: Pridlay Am 834AM Arioto- X -.X. Columbia R-olib—ts, Xinnabota Pablic RewUm Notice Before the Bawd of ARPO&10 DATE Pi pablish tM folloyUg Public M@RgiM, Notioet Japan& V. pjktersenr iiarisnt3e of Seotion 4594 D&tea of Poblia&tjow February 5. 1967 Zabnmu!]r 19. 1969 SIGNATURE REPLY: m DATE SIGNATURE ORIGINATOR — DETACH AND RETAIN w f% 77 vS ld.3- - - 13 &441.i i � = D -�2 S -f 6— w � 4-01 d s 7708 Lakeland Ave. (Brooklyn Park), P. O. Osseo, Minn. Phone HA. 5-2181 CASWELL ENGINEERING CO. Registered Professional Engineers and Land Surveyors CERTIFICATE OF SURVEY For feTtvme- ' 2eTE.YZ.Svtom► L c --> -r2 1 13L 4 IA N cU It /� C- C-) LA. TXN 1-4 E -S CU -r Scale D'EttvTC--S T12dN MONLA. M�NT I- J 30 ,e^ Pt c. K e -r F --Eµ o e. 1 �G 0 1 We hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveved by me this I I 'TO day of iJ E c- E. 195—$. File No. 3 V-11 _ Z Book 3 3 `-'+ Page 11 CASWELL ENGINEERING CO. by Minnesota Regi tration 1111 r LJ 5.7 „� o ro 4.0 •8.1 • .4 .,� 'r � 1 'f :�9t 4V �•�+i Vic-Ke.T F6NGE 0 t 3v .O (0.10-•__-� Qdf We hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveved by me this I I 'TO day of iJ E c- E. 195—$. File No. 3 V-11 _ Z Book 3 3 `-'+ Page 11 CASWELL ENGINEERING CO. by Minnesota Regi tration RETURN 1W COPY' TO 00��IwI� tOlficld PaM� ! �I 0pF RIDLEY F&IC iIEAR�G - BEFORE THFE BOAR 30 A +L eF TO WHOM IT MAY COVCF.RIrY THAT the ND{rF. LS HF.RF:BY ofP C 1cilChambere Fridley Will of the Clty jneet in the m. op Wednesday February I1a11 at 9:99 P• folloWiuR w6tter: 19. 1989, to consider the of 9ectlad 45.24 A reyneyt'tor a verian iretneat to 3 to reduce Holtyu motion of a doable feet to Pe Lot 2 ffipClt 4.' Rice attched Rarage same being Greek Terrace. Play F' ldley. Minna ggg9 Nadlmn Street ..:.. sota. (Request by Jerome W• Peron Bgg3 AladiYon Street N.F... FYidle.IM lnt(e mm•( to . with Anyor,e tedheabava matter maybe heard- refereace STADT at this meet . DONALD MiPt'M Chair � � Board (Feb.5S 12.1969 1— _ F-�,6 / 9/°/ IOfficial.'Pablication ) OFFICIAL NOTICE ._ CITY OF FRIDLEY PUBLW HEARL\G., TO WHO\11T'IIAY CGNCER\ NOTICE IS HEREBY GIVEN THAT the ^T- B6ard of"'Appeals'of the City 'of- Fridlev-will meet' is the Council Chambers df 'the City 4ia11 at 7:39 p.m; :om Wednesday.. February 1. . 1969. to consider, the following matter: ,i A request for a variance of Section 45:24 w to redpge'the sidevard'.requirement to 3 feet to permit codstruction of a double' attached garage on Lot 2. Bloch 4. Rice Creek Terrace. Plat 7. the same being 6893 Madison Street \.E.. Fridkev. Nllnge sola. Request by Jer' W Petersen: - 0883 1ladison. Street N'. F.1. ,Frldley., Nlume• sota.I Anyone. desiring to be heard with w, reference to the above matter may be heard at this rn eeting. r DONALD MITTELSTADP Chairman " ' - Board of Appeals r� ( Feb. 5 & 12.1969)—TC 1. 2. THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 19, 1969 The meeting was called to order by Chairman Mittelstadt at 7:35 P.M. MEMBERS PRESENT: Mittelstadt, Harris, Ahonen MEMBERS ABSENT: Minish, O'Bannon OTHERS PRESENT: Hank Muhich-Building Official MOTION by Harris to accept the minutes of December 18, 1969 as written. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Jerome Peterson was present to present his proposal. He brought with him - 4 plot plan of the proposed garage. MOTION by Ahonen to table this public hearing until the March 5, 1969 meeting, to allow the applicant to redraw his plans to try to get as close to the minimum requirement of 15 feet between structures, as possible. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Jim London, Vice President of Dunkley Surfacing Company, Inc,, and Mr. Robert Hynes, Attorney with Barna & Guzy were present to present this proposal. Mr. Bruce Nawrocki, Mayor of Columbia Heights, was present to represent Columbia Heights. The Dunkley Surfacing Plant is located in Columbia Heights with the gravel pit, -where the rock_orushing machine is to be located, in Fridley. Mayor Nawrocki: The whole Dunkley operation has been a concern to the neighboring people in Columbia Heights. This rock crushing machine has been in operation for some time. We were wondering about the machine meeting the requirements of the Fridley air pollution ordinance. Our main concerns are; 1. How the residents in the area will be adversly affected by air pollution aud. 2. The additional truck traffic in a residential area. Mr. B. A. Satek, 3852 Main Street: Columbia Heights is against the machine as it has been in operation for some time without having a permit. I have clocked trucks going down the street at 35 miles an hour. THE MINUTES!OF THE BOARD OF APPEALS MEETING OF FEBRUARY 19, 1969 PAGE 2 Mr. Douglas I Hauglid, 3816 Main Street: Where are they going to.get the rocks to crush in 7ridley? Are they going to blast for them? Mr. London: Silica Sand plans to haul them in. Mr. Eauglid; That means that additional trucks will be going back and forth hauling rocks to crush. Mr. Ahonen asked Mr. London: Is this the only site available to your Company? Mr. London: This is the best site. Mr. Hynes: If the merger of Great Northern and Northern Pacific -is approved they will ultimately build a switching yard in the area. They Will want to come in and'cut down banks to create an area for this switching yard. Dunkley wants to do,this to get some use of the rock and sand. It will be a, benefit to the Rail oad and to Dunkley. He add�d: The Dunkley people do have a disagreement with Columbia Heights, because they are operating the plant down there and they will continue to do so. He also added: The Dunkley Company is willing to comply with any Minnesota Statutes concerning truck traffic. As for the air pollution problem they would be willing to comply with any regulations suggested. Mr. Ken Scadden, 3842 Main Street: Dunkley was running the rock crushing machine about two weeks ago because I was down there. Also, how are they going to get the rock loose without blasting. Mr. Satek: This crusher has not been running lagally. The Railroad would just remove the rooks, Dunkley wants to crush them to sell. I'm sure they can find other places to use this machine. Mr. London:! About the Railroad, they anticipate the merger to go thru sometime within a year. They would consider us as the contractor to remove the rock. 'The Silica Sand people are blasting everyday without'any problems. Mr. Satek:, As I understand, this operation will last one year. If we allow them a one year permit when the year is up they will ask for another and another and it will end up being five years. Mayor Nswrgcki: Everything that has been said is based on if and maybe and nothing is'down in black and white. There has been talk that this whole Railroad yard might move a little further North of this property. It's also difficult.to control air pollution with the crusher. Mr. Harris'to Mr. London: Has this crusher been in operation without a permit berg issued? Mr. Londoni We talked to someone in the Engineering Department of Fridley and we gotithe understanding that we did not need a permit for temporary machine. MOTION by Jkhonen to close the public hearing. Seconded byY Harris. Upon a voice vote, there being no nays, the notion carried unl�nimously. THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 19, 1969 PAGE Chairman Mit�elstadt: It is the opinion of the Chairman that the Board is at a disadvantage, for the lack of certain facts and information. It is also the opinion of the Chairman that the Councils of the City of Fridley and Columbia Heights get together with the Duz*ley Surfacing Company to iron out the problems of air pollution, traffic routes of the trucks, noise and safety measures. The Board is only asked to either deny, accept or table the variance request for a Special Use Permit in an M-2 District. The Chairman then read the Board of Appeals Powers and Duties from Ordinance No. 358, Section 4. MOTION by Harris to deny the request for the following reasons: 1. We do not see an undue hardship. 2. There are objections from the neighboring residents in Columbia Heights and also unofficial objections from the Fity of Columbia Heights. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:12 P.M. by Chairman Mittelstadt. Respectfully submitted, 1 � M:�A ktt MARY HINTZ Secretary THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 5, 1969 The meeting was called to order by Chairman Mittelstadt at 7:27 P.M. MEMBERS PRESENT: Mittelstadt, Harris, Ahonen, Minish MEMBERS ABSENT: O'Bannon OTHERS PRESENT: Hank Muhich-Building Official MOTION by Ahonen to approve the minutes of February 19, 1969 as written. Seconded by Harris. Upon a voice vote, there being no nays,'the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.27 TO REDUCE THE AVERAGE OF EXISTING MINNESOTA. 1130 WEST RIVER 40 This was not an official public hearing as the request had not been published in the Fridley Sun Newspaper. Mr. Gunder Anderson was present to present his request. MOTION by Ahonen to!table this request until the March 19, 1969 meeting to allow the members time to look at this property and allow time for proper publication. Seconded by Minish. Upon a voice vot;;, there being no nays, the motion carried unanimously. 2. A, REQUEST FOR A VARIANCE OF SECTION 45.24 TO REDUCE THE SIDEYARD REQUIREMENT TO 3 FEET TO PERMIT CONSTRUCTION OF A DOUBLE ATTACHED GARAGE ON LOT 21 BLOCK RICE CREEK TERRACE. PLAT 7. THE SAME BEING 6893 MADISON STREET N.E.. FRIDLEY Mr. Peterson was present with revised plans for the proposed garage. The Board members went over the new plans with Mr. Peterson. Mr. Minish had to leave at 7:50. He did state, before he left, that he was in favor of the request as a hardship was shown. MOTION by Harris to grant the request for a variance of Section 45.24 to reduce the sideyard requirement from 5 feet to 4 feet to permit construction of a double attached garage on Lot 2, Block 4, Rice Creek Terrace, Plat 7, Fridley, Minnesota, as a hardship has been shown. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 7:58 by Chairman Mittelstadt. yj)la2�4 Mary Rin• -Secre 7708 Lakeland Ave. (Brooklyn Park), P. O. Osseo, Minn. Phone HA. 5-2181 CASWELL ENGINEERING CO. Registered Professional Engineers and Land Surveyors CERTIFICATE OF SURVEY For _ SE riy tit it P E T E n S v m L e ->v -r 2 i3Lv cK 4 TZ1c6 CR.�S�1��T"fTZRA.�-E. PL.AT i IANO'K,/-s" L' co�'i/,, Scale I • 1D 6.t t c> rE.S 'XRd r4 Mo N �.tM�r1T 3n 133.81 sI 0 S _ We hereby certify that this is a true and correct ' representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 1 I -r ~' day of A E c_ E M Z t v2 File Na - V '7 i - Z Book Sg Page "� I B CASWELL ENGINEERING CO. by Minnesota Regi tration No. -24-4- ' 9 ��♦ P1r F--rF ENCe 0 ;26.1 V" 7 j9 • o a .X 4p I x ' Lr W .b a a4,o•8.1• .t:1 .�x 3n 133.81 sI 0 S _ We hereby certify that this is a true and correct ' representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 1 I -r ~' day of A E c_ E M Z t v2 File Na - V '7 i - Z Book Sg Page "� I B CASWELL ENGINEERING CO. by Minnesota Regi tration No. -24-4- ' 9