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SAV 81-03VARIANCES FOR CITY USE ONLY Board members notified of meeting by _ – List members, J_.6 .. ., a.sr: ,;A —A IIVarl1 nvr IlMnll fnr r�i ans fn a-r_tmd hearing. i Ua6C IIVI.I I IG4, anu Plan Name Dame �, To Attend lie rso making appeal and the following property owners having property within 200 feet notified: M/M Richard Bergani'ni By Whom 6596 Pierce St. N.E. firalgley, MN 55432 Date Phone or Mail Notified Eugene Schliz ;6620 Lucia Lane Fridley. M 1. MAIL N.H. Robert L. Skyhawk 6580 Pierce St. N.E.'Fridley, MN 55432 Edward Lancello �u is Lan Fri. M/M'Richard Erickson 6581 I anp_ N_F_ Fridley. MN 55432 ucia M/M Michael Richard M/M Stephen Hank titin 1 1 ucia —432 M/M Darrel Goerdt 6610 Lucia lanp N Eridley-- MN 55432 -F M/M Leland Anderson J �6L1Lucian e " M/M Burton Scherven y M/M Anthony Swanson M/M Quinton Steel i 6621 Lucia Lane N.E. Fridley, MN 55432 e eF�1 n A. Argue � 6648 Channel Road N.E. Fridley, MN 55432 David L. Lewis 6610 iL M/M William McCloskey al Rnad N F Fridley, MN 55.432 - M/M Frank Bednar ski 6610 rhannpl F Erid-jay-,MW 55412 ° .N M/M Gregory Coffey Loren Palmer 6S96 ChannAl Rnad Fr' 1pn, MN 99412 .M/M James Wedan 6581 ejerCp St- N Erjdlpy. MN 55432 -E-- M/M Donald Landry 6597–_Piarra V N_F_ Fridley - – June Johnson 6600 Lucia Lane Fridley, MN 55432 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FAIDLEY, MINNESOTA •55432 TELEPHONE ( 612)571-3450 September 11, 1981 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public N,;caring in the City Council Chambers. at 643.1 University Avenue Northeast at '8 00p.m. on Tuesday, September 27, 1981 in regard to the following matter: Request for a variance pursuant to Chapter 205 ofthe'Fridley City Code, to reduce the side yard setback on the street side of a corner lot from the required 17 1/2'feet to 9 feet, to allow the con- struction of a 24 ft. wide garage on Lot 3, Block 1, Alice Addition, the same being 6610 Pierce Street N.E., Fridley, Minnesota. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless these are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Item #1, September 22, 1981 ADMINISTRATIVE STAFF REPORT 6610 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, #5a, requires a side yard width on a street side of a corner lot to be not less than .17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility andto reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: 7If variance is not approved, I will have to build a garage behind the house." C. ADMINISTRATIVE STAFF -REVIEW: This lot is on the northwest corner of Pierce Street and unimproved 66th Avenue. The house and attached garage that are proposed meet all other setback requirements. The applicant has-applied.for a vacation of 66th Avenue which is to be before the Planning Commission on 9/16/81. If the vacation is approved, the variance would not be necessary. Item #1, September 22, 1981 ADMINISTRATIVE STAFF REPORT 6610 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, #5a, requires a side yard width on a street side of a corner lot to be not less than,.17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and -to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: 'lIf variance is not approved, I will have to build a garage behind the house." C. ADMINISTRATIVE STAFF REVIEW: This lot is on the northwest corner of Pierce Street and unimproved 66th Avenue. The house and attached garage that are proposed meet all other setback requirements. The applicant has. applied for a vacation of 66th Avenue which is to be before the Planning Comission on 9/16/81. if the vacation is approved, the variance would not be necessary. r Division Type: COMBINATION Document Type: REQUEST Date of Transfer: 03/14/90 City: CITY OF FRIDLEY PAYABLE 1991 DIVISION # 92 COVER SHEET THE FOLLOWING PARCEL(S) ARE NOW OUT - PIN KEY ;l'13-30-24-24-0002 458098 313-30-24-24-0003 458105 l4lor" Assessments: 924- .. . „ lolp ID/[o [o �-o �j ecce- 1 Maps/mylars proofed by Generated on 12/12/93 Proofed by JMS on 11/02/90 Written by JR on 139/27/943 To Assessor _ IM - 05 - 90 Chained'?' Chained? W.. DIANE'S REQUEST FOR VALUES Page 4 Div. # 1991- 92 Parcel A CITY OF FRIDLEY 13-30-24-24- QUA LEVY: Zy Q / 'y A6 KEY 410471&0 PARENT KEYS: 458105 458098 Notes: LEGAL: Lot/Unit 2 Block/Tract 1 More LOTS 2 & 3 BLK 1 ALICE ADD, SUBJ TO EASE OF REC Subdivision 54072 ALICE ADD ACREAGE: 0.00 PCA: 19-03 STC: .3 co AREA: INC: AgPres: AgCred: EXM: LAND: 700 IMPR: TOTAL: D U GREEN ACRE LAND USE: uvi PUBLIC HEARING MEETING OF OCTOBER 19. 1981 PAGE 2 Mr. Flora stated the Planning Commission recommended approval of the rezing, with the stipulation that the rezoning not be approved until the buil g peet�mit is taken out for construction of this office building, and thA the tr&Wic flow be worked out as per Mr. Haggerty's building plan, wiA the northerly driveo be an entrance only and the southerly driveway to b n exit only. He statikd, if this was not possible, then the Planning Commis on recommended that staTfs proposal should be worked out. Councilwoma Moses -Martin stated she was not so concern with the frontage ( road, but if here would be stacking room for cars at a stoplight on University I and 73rd. Mr. Flora stated t shouldn't be a problem becau they have about 200 feet of stacking room for hicles. Mr. -.Haggerty stated th biggest problem whe you have a banking institution is the tremendous amount o pace taken fordrive-in facility. He felt if they could have another e t on the sou ,they could live with it; however, he would prefer it would be drive bo for ingress and egress. Mr. Haggerty stated he felt the wo d have to stay with a two-story building in order to meet the parking requir nts. Mr. Mike Larson, 6390 Starlite lvd., sked what would be the cost of construction of this buildin . Mr. Hag rty stated it be about $1,600,000. Mr. Larson questioned if would be financ through a conventional mortgage. Mr. Haggerty stated he s looking at a tax exem t mortgage and would come back to the City to quest financing under the i ustrial revenue bond statute. Mr. Larson felt a financing should be decided at the ime the rezoning is discussed. Mr. Qureshi, ity Manager, stated the question whether fina ing through industrial evenue bonds would be available would not change the rezoning was left it is now or changed to commercial. No oth persons in the audience spoke regarding this rezoning req t. MOT N by Councilwoman Moses -Martin to close the public hearing. Secoed b Councilman Schneider. Upon a voice vote,all voting aye, Mayor Nee eclared the motion carried unanimously and the public hearing closed at 7:55 p. m. \�PUBLIC HEARING ON VACATION REQUEST, SAV #81-03 BY PETITION NO. 9-1981 TO l n J� 2 VACATE 66TH AVENUE BETWEEN PIERCE STREET AND LUCIA LANE, BURTON H. SCHERVEN: 66U/ MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses -Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:56 p. m. Mr. Flora, Public Works Director, stated the area in question is just east of Highway 65 and north of Mississippi Street. He stated the City has a right-of-way for 66th Avenue which would connect Pierce to Lucia Lane, but it has not been constructed. Mr. Flora stated Mr. Scherven came in for a variance in order to construct a house and garage on his property, and also requested vacation of the easement. 266 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 19, 1981 The Public Hearing Meeting of the Fridley City Council was calledt ord at 7:35 p. m. by Mayor Nee. Mayor N led the Council and audience in the Pledge of Alle ance to the Flag. ROLL CALL• MEMBERS RESENT: Mayor Nee, Councilman Barnette Councilman Schneider, Councilwoman Moses -Martin, an Councilman Fitzpatrick MEMBERS ABS NT: None ADOPTION OF AGENDA. MOTION by Councilman chneider to adopt the enda as submitted. Seconded by Councilwoman Moses -Ma in. Upon a voice vo e, all voting aye, Mayor Nee declared the motion carried unad4mously. OPEN FORUM. VISITORS: Mr. Vern Moen presented a clkeckf or $ 9,000 to the City, on behalf of the Springbrook Nature Foundatio He s ated the City had helped them finance additional space and made it ssib a to use a solar heat saving roof when the nature center was construc d He explained this would save them money in the future and will be a Qood%Anvestment. Councilwoman Moses -Martin s can get behind and donate m beginning of a wonderful fa Mayor Nee and the Council presentation of the check PUBLIC HEARINGS: is a good showing that the public orthwhile cause and hoped this was the their thanks to Mr. Moen for the MOTION by Courici man Barnette to waive the reading o the public hearing notice and open the pu is hearing. Seconded by Councilwoma Moses -Martin. Upon a voice vote, al voting aye, Mayor Nee declared the mote n carried unanimously and the publi hearing opened at 7:40 p. m. Mr. Flora, ublic Works Director, stated the property requ ted to be rezoned is the ar east of University and south of 73rd Avenue. He stated this triangul corner property is currently zoned M-2 and the req est is to rezone to C-2 allow construction of a commercial office building. Mr. FlAra stated, at this time, Mr. Haggerty didn't wish to disc se who the tenarjt would be for this building, but had a proposal from a bank or occupancy as w,611 as his law firm. Vn0iversity Flora stated staff has no problem with the rezoning, however, the was cussion at the Planning Commission regarding the entrances and exits and :. ne-way traffic scheme was proposed. He pointed out the intersection at and 73rd is scheduled to be improved and there will be additio al turning lanes into this area. nnQQ f1 V O f PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 3 Mr. Flora stated it was found that the utility companies require retainment of a 10 foot easement and the City requires an easement for drainage. He stated the Planning Commission has recommended approval of the vacation, with the stipulation that utility and drainage easements be retained. Mr.Schveren stated all the neighbors have signed for the vacation and stated they want to use this area for a garden. Mr. Schveren stated if a street were to go through, he would have to sell his house as the garage encumbers on the easement. Mr. Qureshi, City Manager, stated the staff's position is, essentially, they are against vacating any roadways because, in the past, the City had to go back and acquire right-of-way that had been vacated. He pointed out there are sizable lots in this area and depending on any future development to the north, it would dictate whether or not this road would be constructed. It was pointed out Mr. Schveren could proceed with his construction plans, as he has obtained the variance, regardless of what action is taken on the vacation request. No other person in the audience spoke regarding this request for vacation. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. 11pon a voice vote, all voting aye, Mayor Nee declared _+hp motion carried unanimously- andthe public hearing closed at 8:10 p. m. OF $1.975.000 I MOTIO by Councilman chneider to waive the reading of the:,public he ring notice nd open the p blic hearing. Seconded by Councilman Barnette Upon a voice vote, all vo ing aye, Mayor Nee decla ed the motion carrie unanimously and the ublic hear ng opened at 8:10 p. m. Mr. Inman, City C erk, stated this is a req es for the issua a of $1,975,000 in industri 1 rev nue bonds for construction of three-story ffice building located on t e pr perty at 921 and 941 Hillwind R ad. He st ed part of the property is i a tax increment district and there re plans o remove an existing struc a for construction of this new of ice bul ing. Mr. Flora, Pub is orks Director, stated the area i que ion is east of Highway 65 an nor of I-694 and involves two parce s eing developed into commercial or aerty. Councilman S hneider s ted he didn't have arty reser tions on using this type of fin-ncing, since it is being done for officf b ildings, and other cities are sing this meaft in order to remain comYetitjive for a tax base. Councilmarl Schneider stated did have a of the bu lding. Mr. Qure hi, City Manager, stat built, wever, he stated they d Council oman Moses -Martin stated into t e adjacent neighborhood. on the®height and size this is the Vaximum heigflt meet all t7nccern zoning requi 6 had a c about the which can be ments. �raffic funneling Counc lman Barnette stated his concer wouyd be the neighborhood \-e this ommercial building in their area Mayo Nee stated the question of the rezboing is now being consider rezone this property from R-3 to CR -1. He stated a public hearing previously held, but action was tabled on the rezoning request, the residents were sent out a notice that this question would again`"be Council this evening. ion to to re, oethe L 269 PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 4 Mayor Nee stated another question, if the rezoning is approved, is whether industrial revenue bonds should be used for construction of the office building. Mr. Richard Nordlund, Investment Banker - First Corporate Services, pe b fore the Council regarding the question of industrial revenue bons to finance the construction of this office building. Mr. ordlund stated he felt this would be a good project and a ition to the C 'Kty and would increase the tax base, and anticipated co truction costs somewhe a between $1,500,000 to $1,700,000. He stated they ould have about 40 tenants,, with an average salary of $15,000 a year. Mr. Nordlun stated the interest rates for a conventio mortgage are between 16-1/ to'17-1/4% and felt the interest rate or a tax exempt mortgage would be about 3%. He stated it would be feasible o proceed with construction at an interest r to of 13%, but not at rates 16-1/ to 17-1/4%. Mr. Nordlund state he doesn't handle the leasi for the building, but was told by Ms. Nybo tha they had a number of in fries and a number of persons interested in moving i to this building. Mr. Nordlund stated they ill go out and f nd a lender and obtain a letter of committal for the mortgage He stated i tead of selling bonds, only one financial institution would a involve and the developer would have to put in part of the cost. Councilman Schneider questioned h amount the developer would have to pay in order to obtain a mortgage. . Nordlund stated it would be a substantial amount, probably 10% or more. Mr. Mike Larson, 6390 Starlit Blvd.,\questioned the length of the mortgage, and Mr. Nordlund stated it w ld be 20 \to 25 years. Mr. Larson stated the and a tax exempt mort mortgage, the savings that this is interest maximum mortgage, whi Mr. Larson felt in s about adding jobs h turing expansion oul diff rence in interest between a conventional mortgage gag is about 5% and on this basis, for a 20 year i interest would be about $1,733,520. He pointed out vings to the business>pf roughly 88% of the original is substantial. trial revenue bonds have their place when you are talking owever, this facility would not create the jobs a manufac- d generate. Mr. Larson sta ed in 1971 in Minnesota, financing through industrial revenue bonds was $17 00,000 and that figure has risen to $641,17.000 in 1979. Mr. Larson tated the Reagan administration is looking at doing away with° industrial revenue bonds, basically, because of the revenue loss. He stated it is a p blem that is really starting to hurt and if everything is being finance with industrial revenue bonds, the deficit would be much larger. Mr. La son stated hearings on industrial revenue bonds are being held on the S ate level and steps being taken to prohibit their flagrant use. Mr. Larson felt this type of financing, in the long run, is really detrimental to the tax payer. He pointed out, with the tremendous supply of industrial r venue bonds, the interest costs to the City for general obligation bonds for mprovements will be 2 to 2-1/2% higher. 7 Mr. Larson stated he could more easily support industrial revenue bonds for the expansion of large businesses, instead of something of this nature. CITY OF FRIDLEY, SUBJECT MINNESOTA COMMISSION APPLICATION RFVIF-Vi/ Ueporlrntnl/Urvisiom humUer 1 liev r•;qa Approved Uy Uole FILE NO/ ADDRESS FILE PATE COMPLETE REVIEW CHECKLIST ValuAlajw RETURN TO .PLANNING ouE ._ Ur -, A E� �c� r 91 N O COMMENTSL*j L v �� Yi'u.k4i •L 9�'� 1 ire n, 1( "'c C �•'V / . f 1 � yee�" i s Evac a�e� ��� �, 66'6e-, 17® 1-.agl6l Ze `iecegjal- • S�tree-14 6 60) q�oes� ear Ao 4e rye eda. 1,14y Io f viae e lee fe g ll/ Pl`f s onf r B. .10,61 � fie. v e i4t�a� qJq t � c 4fi CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 .;s TELEPHONE ( 612)571-3450 CITY COUNCIL October 30, 1981 Burton Scherven 5960 Anna Avenue N.E. -' Apt. 111 Fridley, Mn 55432 ACTION TAKEN NOTICE SAV #81-03 and Petition 9-1981 On October 26, 1981 , the Fridley City Council officially apRMt@kXKMXXK(WJAXkrdPn'pd your request for a vast'66th-Avenue with the stipulations listed below: If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, cc: Richard Berjamini, 6596 Pierce Street N.E. Mrs. Anthony Swanson, 6601 Lucia Lane Edward Lancello, 6597 Lucia Lane N.E. JERRO L. BOARDMAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. L't � REGULAR MEETING OF OCTOBER 26, 1981 PAGE 4 Mr. Nordlund, representing the developer, stated normally you have an inducement resolution to induce the developer to go out and get plans and try to obtaJri: mortgage commitment from lending institution. He stated, with the mortgage commitment, they will be able to do all the things required by the Council. He stated once they get the commitment for financing, if the rezoning could be a timely and quick step, he could see no problems of having such an agreement. No action, therefore, was taken at this time on the second reading of the ordinance covering the rezoning. NEW BUSINESS: 3 CONSIDERATION OF FIRST READING OF AN ORD nF TNF rTTV nr CDTni ry K1TKmrenrn ov um/ MOTION by Councilwoman Moses -Martin to waive the reading and approve the ordinance upon first reading. Seconded bCouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deCL red the motion carried unanimously. 4(easement.in NSIDERATION OF FIRST READING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS D TO AMEND APPENDIX C OF THE CITY CODE SAV #_8_1-_03T, PETITION #9-1981 TO CATE 66TH AVENUE BETWEEN PIERCE STREET AND LUCIA LANE, BURTON H SCHERVEN: uncilman Schneider stated he did go out and look at this property and a road were to be constructed at some future date, one garage would be ry close to the right-of-way. He felt this wasn't a significant enough blem to proceed with the vacation and felt the City should retain the the event there may be a need for it in the future. ION by Councilman Schneider to deny vacation request, SAV #81-03, as ed by Burton H. Scherven for the vacation of 66th Avenue between Pierce Street and Lucia Lane. Seconded by Councilwoman Moses -Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Hill, Public Safety Director, stated at the Council's regular meeting on October 5, there was a request for a temporary on -sale beer license from a local businessman and it was recommended the license be denied as they didn't qualify for a license under the provisions of the State statute. Mr. Hill stated the ordinance before the Council for first reading would permit a business to give away beer during a special event and would more clearly define what the term sale, sell, or sold is intended to mean and is consistant with the definition in the Minnesota State statute. Mr. Hill stated the new Subdivision 5, Section 602.02, explicitly provides for the exemption of the license while giving away free beer, but still gives the City control over the possibility of giving free beer away which would create a public safety danger or infringe on the peace and tranquillity or violate the laws. Mr. Herrick, City Attorney, stated he has no problem with the concept of the ordinance and would suggest a first reading, however, he may have some minor changes at the time of the second reading of the ordinance. MOTION by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting: aye, Mayor Nee declared the motion carried unanimously. t► ?7 r REGULAR MEETING OF OCTOBER 26, 1981 PAGE 3 Councilman Schneider stated he has talked to neighboring residents, since the time of the hearing, and doesn't want to be in the position of having the property rezoned and not have adequate parking. Councilwoman Moses -Martin stated if this proposed project for construction of an office building falls through and the property is rezoned to CR -1, someone could build a smaller structure and never have to come to the Council for approval, if they met all the codes. Councilman Schneider stated, even if the rezoning is tied to the removal of both structures, he didn't believe it would effect Mr. Burandt's dealings with the Housing and Redevelopment Authority. Mr. Qureshi felt it would have no effect, if the Housing and Redevelopment Authority was going to acquire this piece of property. Mr. Burandt stated the Housing and Redevelopment Authority is only acquiring one piece of property, the one for which he is asking for the rezoning. Mr. Boardman, City Planner, stated the problem is that only one piece of property is in the tax increment district and if the funding doesn't go through for construction of this office building, the Housing and Redevelopment Authority will pull out of the project. Mr. Herrick, City Attorney, stated it would seem if the proposal for the Nybo office building goes through, then it makes no difference on the rezoning issue. If it doesn't go through, and the rezoning is approved, tl�e owner could .: make application for any office building that would meet the area requirements of that particul.Ar lot. He felt the question to be answered was if the Council would prefer to have the property rezoned even if it is a separate lot and there may be the possibility of a smaller office building, or to have it remain at its present zoning until they know definitely what will happen with the proposed project. Mayor Nee felt if Mr. Burandt controls both parcels, it would seem to be in his best interests to make an agreement with the developer. Mr. Burandt stated he doesn't control Nybo's property per se, but has a contract for deed which states nothing can be removed from the property, without payment on the contract for deed. Mayor Nee asked which parcel of property the Housing and Redevelopment Authority is considering for purchase. Mr. Boardman, City Planner, stated it is the parcel where the existing burned -out structure is located and that Nybo's control the other parcel under a contract for deed. Mr_. Her_r..ick felt the agreement could be with the developer for the office building to the effect that if the building project goes forward, the lot with the burned -out house would be rezoned and Nybo's would agree that both this structure and the other structure housing Farmers Insurance would be removed. He stated, at that point, they would have to pay Mr. Burandt on the contract for deed. Mr. Herrick stated he didn't see such an agreement as being an obstacle and felt they could go to their financial agency with such an agreement for the necessary financing. MOTION by Councilman Schneider to direct the administration to work out an agreement which insures that before the property is rezoned, there are assurances that the office building proposed to be constructed will, in fact, be built and implies the removal of the Fanners Insurance Building and removal of the burned -out structure; further, that the agreement insures the proper plantings, screening, signing and that the new construction is substantially the same as proposed to the Council. Seconded by Councilwoman MosesrMartin. Upon a voice vote, all voting aye,•Mayor Nee declared the motion carried unanimously, a