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VAR 90-30a FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 17 Mr. Burns stated that Richard' Johnson is recommended for appointment as Store Manager at the municipal liquor stores. He stated that Mr. Johnson had fourteen years of liquor store experience and a bachelor's degree in business administration. Mr. Burns stated that he was pleased to recommend thes/ind iduals for appointment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all v e, and Mayor Nee declared the motion carried unanimously. 13. OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manger, ated that the Charter Commission is in the process of reviewing he Charter, has approved changes to Chapter 4, and is requesti that Council establish a public hearing for these proposed ch ges. Councilman Schneider stated that with Councilman Fitzpatrick's resignation, the public hearing ould probably be held when there is a full Council. Mr. Hunt stated that he did of think the Charter Commission would object if the public he ing was held at the Council's second meeting in January, 199 so there would be a full Council. Councilman Bi/ider ated that it may be appropriate to table the item at this Councilman Scstated that if there was no objection, he would move as MOTION by ouncilman Schneider to set the public hearing on this proposed ordinance amendment to Chapter 4 of the City Charter at the f' st regularly scheduled meeting after January 15, 1994. Seco ed by Councilwoman Jorgenson. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried unanimously. 4. MOTION by Councilman Billings to extend Special Use Permit, SP #90-07 and Variance Request, VAR #90-30 until November 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 95-1993 FOR SUBMISSION OF GRANT APPLICATION TO THE STATE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR THE PROPOSED REGIONAL SENIOR CENTER: MOTION by Councilman Schneider to .adopt Resolution No. 95-1993. Seconded by Councilwoman Jorge . Upon a voice vote, all voting aye, Mayor Nee declared th otion carried unanimously. a FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1 1993 PAGE 18 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52243 through 52486. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 Street Improvement Project No. ST. 1993 - 1 & 2 Estimate No. 5 . . . . . . . . . . . . . . . $135,937.74 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 1, 1993 adjourned at 10:27 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor 0 GNOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 23, 1992 Patrick and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On October 19, 1992, the Fridley City Ceu-nca.-i--e-ff=ci.ally approved your request for an extension of a�V_rVAR#207r!�0� Ito reduce the side yard setback from.17.5 feet to 4.5 feet, and an extension of a Special Use Permit, SP #90-07, to allow a second accessory building in excess of 240 square feet. This extension is granted until November 1, 1993. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 6, 1992. Concur with action taken FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 8 Ms. Dacy stated that the Appeals Commission unanimously reco ded approval with two stipulations, as outlined in staff's me 6randum of October 15, 1992. MOTION by Councilman Schneider to concur with theecommendation of the Appeals Commission and grant Variance Requ st, VAR #92-20, with the following stipulations: (1) the variagOe shall remain in effect until: (a) the siZa altered in an way except for the routine maintenance and of messages hich makes the sign less in compliance with quirements f this Chapter than it was before the alteratio) the su orting structure of the sign is replaced or remod(c) the ace of. the sign is replaced or remodeled; (d) the sigmes d' apidated or damaged, and the cost of bringing it into ant is more than 50 percent of the value of said sign, at whime11 of the sign and its structure be removed; and (e) notwing "a" above upon the change of the name of the business displayed on the.sign; and (2) the "panned" area of the sige shall not exceed 80 square feet. Seconded by Councilwomannson. Councilman Billings s ted that under Stipulation la, the language is taken out of a City Code Chapter 214. He suggested eliminating the d "this" and adding the words "Chapter 214 of the Fridley Cit Code." MOTION by Co cilman Billings to amend the above motion by striking the word " is" in line three of Stipulation 1a and adding 11214 of the Fri ey City Code" after the word "Chapter." Seconded by Counci an Schneider. Upon a voice vote, all voting aye, Mayor Nee decla ed the motion carried unanimously. A VOICE. VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Nee declared the motion carried unanimously. 8. EXTENSION OF A VARIANCE REQUEST VAR #90-30 TO REDUCE THE SIDE YARD. SETBACK FROM 17.5 FEET TO 4:5 FEET; AND EXTENSION OF A SPECIAL USE PERMIT REQUEST, SP #90-07 TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET, BY'PATRICK. AND.RITA BOYLE, 6261 RAINBOW DRIVE N.E MOTION by Councilman.Billings to extend the time period of Variance Request, VAR #90-30 and Special Use Permit Request, SP #90-07 to November 1, 1993. Seconded by Councilwoman Jorgenson. Upon *a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. PROJECT NO. 229: MOTION by Councilman Fitzpatrick to N a d the contract for the Stonybrook Creek Diversion Project . 229 to the low bidder, Park Construction in the amount of $99 5.00. Seconded by Councilwoman FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19 1992 PAGE 7 7. OCTOBER 6, 1992: A. VARIANCE REOUEST. VAR *92- 1591 WOODSIDE COURT N.E.: Ms. Dacy, Community Development Director, statthat this is a request for a variance to reduce the rear yard s tback from 29 feet to 18 feet to allow the construction of an ad tion and open deck. She stated that the Appeals Commission un imously recommended approval with a stipulation that a five f of street easement be granted over the utility easement alo Benjamin Street for Minnesota State Aid purposes. MOTION by Councilman Schneider to con r with the recommendation of the appeals Commission and grant V riance,Request, VAR #92-18. Seconded by Councilwoman Jorgenson. pop a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. Councilman Schneider stated he ffiought that unless the easement directly impacted the variance. quest, the City would not ask for this type of easement. Ms. Dacy stated that that.is true; however, when this request was processed .the question had of been resolved one way or another. Councilman Schneider sted that his motion did not include the stipulation for an ease nt. Councilman Billings stated that it was tradition to request the easement and if the p operty owner was in agreement, there was not a problem. He state that if the property owner objected, the City does not have a le 1 foundation to require the easement. Mr. Flora, Publi Works Director, stated that the City is working on obtaining eas ments for this portion of Benjamin Street because five feet on a ther side is needed to meet Minnesota State Aid standards. B. VARIANCE REOUEST_ VAR *92 - Ms. Da y, Community Development Director, stated that this request is fo a variance to increase the maximum square footage of a sign fro 3 square feet to 84 square feet. She stated that approval of the variance would allow the petitioner to replace the sign faces of the existing free-standing sign. c:. t w — 0"61297 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of an extension of a variance, VAR #90-30 V VARIANCE - Patrick and Rita Boyle , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of November , 19-1-1—, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To extend the variance approval for one year, to December 10, 1992, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building in line with existing garage and to utilize existing driveway, on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: No stipulations. See City Council meeting minutes of November 18, 1991. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto Fr dley, Minnesota, in the County of 19- DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley MN 55432 subscribed my hand at the City of Anoka on the %4-47 day of , i Ilea SHIRLEY A. HiAPALA9 CIT CL ":y T � lzal/F a Variances are valid for a period of one year following apprcva],.-t d,o°shall ' b , considered void if not used within that period. a ' Qj� p� Jb v ;k FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 14 Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. 14. RESOLUTION NO. 93-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE FRIDLEY CHAMBER.OF COMMERCE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RESOLUTION NO. 94-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO* THE FRIDLEY MOOSE LODGE NO. 38: MOTION by. Councilman Billings to adopt Resolution No. 94-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. RECEIVE THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF OCTOBER 23, 1991: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Advisory Commission Meeting of October 23, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. MOTION by Councilman Billings to extend Variance, VAR #90-30 and Special Use Permit, SP #90-07 for one year to December 10, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. RE -APPROVAL OF SPECIAL USE PERMIT, SP #89-08, BY 7570 INC.. FOR A REPAIR GARAGE AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a reassignment of a special use permit, and the petitioner is 7570 Inc. She stated that the special use permit was reassigned as a result of the litigation of the Samir Awaijane case. She stated that as part of the settlement agreement the special use permit must be assigned to 7570 Inc. Mr. Greg Herrick, Assistant City Attorney, stated that Council's ordinance placing a moratorium on the issuance of special use Cl a� ra i c3 —.7 a ra PJ 961297 Numerical_. Grantor Grantee Recorded Check Ma! in It. _v..s OFRCE 0F COUNTY REWROER BTATE OF WHRES0TA, COUNTY OF MOKA hereby certify stat the Within instru- mwd was find in this office for record on the JAN ® 7 1992 o°clock!2--iJ., a:TM,d was d!qy recorded 4 By"°e City of Fridley 6431 University Ave NE Fridley Mn 55432 Community Development 0 800/451-9411 1000 WEST 79TH STREET 0 MINNEAPOLIS, MN 55420 owl i law N EQUIPMENT - SUPPLIES - SERVICE for DRAFTING BLUEUNES XEROX 2510 CAD SYSTEMS SURVEYING ���� �. �� '� - � �� '�.h i3 _ ,�, �r, _� � ;, .� -.� �::�; ;` y. �c .; 1 • _ Y''�a1�fje �"eF47V �� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 14 Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. / 14. MOTION by Councilman Fitzpatrick to adopt solution No. 93-1991. Seconded by Councilwoman Jorgenson. Upo a voice vote, all voting aye, Mayor Pro Tem Schneider dec red the motion carried unanimously. 15. LODGE NO. 38• MOTION by. Councilman B' lings to adopt Resolution No. 94-1991. Seconded by Councilma itzpatrick. Upon a voice vote, all voting aye, Mayor Pro T Schneider declared the motion carried unanimously. 16. MOTION Councilman Fitzpatrick to receive the minutes of the Cable elevision Advisory Commission Meeting of October 23, 1991. Seco ed by Councilwoman Jorgenson. Upon a voice vote, all voting ay , Mayor Pro Tem Schneider declared the motion carried nimously. 17. EXTENSION OF VARIANCE, VAR #90-30, AND SPECIAL USE PERMIT, SP #90-07. BY PATRICK AND RITA BOYLE, FOR LOT 1, BLOCK 2, SYLVAN HILLS, -GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: MOTION by Councilman Billings to extend Variance, VAR #90-30 and Special Use Permit, SP #90-07 for one year to December 10, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. FOR A REPAIR GARAGE AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, st ed that this is a reassignment of a special use permit, an",e petitioner is 7570 Inc. She stated that the special use it was reassigned as a result of the litigation of the Sam' Awaijane case. She stated that as part of the settlement reement the special use permit must be assigned to 7570 Inc. Mr. Greg Herrick, Assi nt City Attorney, stated that Council's ordinance placing oratorium on the issuance of special use NEW BUSINESS: 10. RESOLUTION NO. 91 - THERETO: MOTION by Councilman Billings to dopt Resolution No. 91-1991, setting the public hearing for D cember 9,• 1991. Seconded by Councilwoman Jorgenson. Upon anice vote, all voting aye, Mayor Pro Tem Schneider declared the otion carried unanimously. 11. RESOLUTION NO. 92-1991 AUTHORIZING_ SUBMITTAL OF ECONOMIC RECOVERY GRANT APPLICAT.�ION FOR_MCGLYNN BAKERIES INC.: MOTION by Councilwoman Jor enson to adopt Resolution No. 92-1991. Seconded by Mayor Nee. j1pon a voice vote, all voting aye, Mayor Pro Tem Schneider declarjbd the motion carried unanimously.' 12. of it MOTION by Counc' man Billing to waive the reading and approve the ordinance upon irst reading. Seconded by Councilman Fitzpatrick. Upon a voice v te, all voting aye, Mayor Pro Tem Schneider declared the motion ca ried unanimously. 13. FIRST ti OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 601 ENTITLED "MUNICIPAL OPERATION OF LIQUOR." SECT ON 601.06 HOLIDAYS: Mr. Pri 1, Finance Director, stated that this change would remove July4 rom the restriction of holidays governing the operation of the M icipal liquor stores. lman Billings confirmed that this was consistent with the statute. M TION by Mayor Nee to waive the reading and approve the ordinance pon first reading. Seconded by Councilman Billings. Upon a voice vote, Mayor Nee, Councilman Billings, Councilman Fitzpatrick, and Mayor Pro Tem Schneider voted in favor of the motion. Councilwoman CIiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 12, 1990 Pat and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On December 10, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-30, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S Barbara Dacy Planning Coordina BD/dn Please review the noted stipuiarions, return one copy to the City of Fr,I December 26, 1990. 7 ffl gn the statement- ''Uelow and :yam Planning Depsa-r)tment M STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR 490-30 _Pat and Rita Boyle , Owner 9!'0927 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 10th day of December , 19_2D_—, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City City Council meeting minutes of December 10, 1990. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand atthe City of Fridley, Minnesota, in the County of Anoka on the �g ,71(. day of 19, . DR TED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 tit SHIRLEY A.PALA, CITY CLERK Variances are valid fora period of one year following a v P Y n8 PProval- 'a1�.4'Pi-al l V be -, considered void if not used within that period. (SEAL): at Interest Bidder Price Cost & Rate Norwest Investment Serv., Inc. Dain Bosworth, Inc. Piper, Jaffray & Hopwood, Prudential-Bache Capito Funding $1,009 .00.00 $432,928.33 (6.3386$) ,008,780.00 $'31007,760.00 $1,004,700.00 $434,343.12 (6.3593$) $431,002.50 (6.398572$) $444,550.63 (6.5087$) Further, to ado Resolution No. 98-1990, awarding the bid to the low bidder, Am P. National Bank St. Paul at an interest rate of 6.3250%. Se nded by Councilman Billings. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. 7. A. VARIANCE REQUEST VAR #90-30 BY PAT AND RITA BOYLE, TO REDUCE THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING ON LOT 1. BLOCK 2. SYLVAN HILLS GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that this variance is requested to reduce the side yard setback from 17.5 feet to 4.5 feet to allow the construction of a second accessory building. She stated that the Appeals Commission recommended approval of the variance noting the sight lines were not adversely affected. Ms. Dacy stated that the petitioner is also requesting a special use permit to allow the second accessory building at this location. Councilman Billings asked if there was anyone present this evening who opposed this variance. There was no response. MOTION by Councilman Billings to grant variance request, VAR #90-30 to reduce the side yard setback from 17.5 to 4.5 feet at 6261 Rainbow Drive N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 92092' P =17-1177 +dQ OPME OF COUNTY AEWM h NATE OF MIlaiMMM. d CUM OF AMM I hereby certify that the whin mstru- nmt was tiled in this office for rmrd on the JAN 2 Z Mgt I �6 o'cloddt,4., aW was duly recorded SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 Bidder Norwest Investment Serv., Inc. Dain Bosworth, Inc. Piper, Jaffray & Hopwood, c. Prudential-Bache-,::""'.""' rudential-Bache apital Funding Net I res' Price CoW& Rate $11009,800. $432,928.33 (6.3386$) ;008,780.00 $434,343.12 (6.3593$) $1,007,760.00 $437,002.50 (6.398572$) $1,004,700.00 $444,550.63 (6.5087$) Further o adopt Resolution No. 98-1990, awarding the bid to the low b der, American National Bank St. Paul at an interest rate of 6. 50$. Seconded by Councilman Billings. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER 30, 1990: A. VARIANCE REQUEST_ VAR #90-30. BY PAT AND RITA BOYLE, TO REDUCE THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING ON LOT 1. BLOCK 2. SYLVAN HILLS GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that this variance is requested to reduce the side yard setback from 17.5 feet to 4.5 feet to allow the construction of a second accessory building. She stated that the Appeals Commission recommended approval of the variance noting the sight lines were not adversely affected. Ms. Dacy stated that the petitioner is also requesting a special use permit to allow the second accessory building at this location. Councilman Billings asked if there was anyone present this evening who opposed this variance. There was no response. MOTION by Councilman Billings to grant variance request, VAR #90-30 to reduce the side yard setback from 17.5 to 4.5 feet at 6261 Rainbow Drive N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 5 Mr. Thistle stated that the City's credit rating was re -affirmed at AaI by Moody's. He stated that there were some questions raised regarding fund balances, as there is a particular concern about this in Minnesota. He stated that the market for these bonds was very good, and the projection made in mid-November was a rate around 7.05%. He stated that the lowest rate for the water venue bond was 6.7335% which was received from Norwest In estment Services, Inc. He stated that it is recommended th bid be accepted by adopting this resolution. MOTION by Councilman Billings to receive the follo ing bids for this water revenue bond issue: Net Interest Bidder Price Cost & Rate Norwest Investment Serv., Inc. $1,591,19.10 Amer. Natl. Bank St. Paul $1,59,9,730.00 Dain Bosworth, Inc. 1594,812.50 Piper, Jaffray & Hopwood, InXing $1,594,005.00 Prudential-Bache Capital Fu $1,590,776.10 $1,383,052.40 (6.7335$) $1,384,872.96 (6.7424$) $1,390,102.92 (6.7679%) $1,398,060.63 (6.806665%) $1,405,158.48 (6.8412%) Further, to adopt Resolution No. 97-1990, awarding the bid to the low bidder, Norwest Inv stment Services, Inc. at an interest rate of 6.7335%. SecondegY by Councilwoman Jorgenson. Upon a voice vote, all voting a e, Mayor Nee declared the motion carried unanimously. 6. Mr. Thistle, S ringsted, stated that it was projected the rate for these bonds ould be around 6.73$ and the actual low bid was 6.3250%. He/stated that it is recommended the low bid of American National B k St. Paul be accepted. MOTION b Councilman Fitzpatrick to receive the following bids for th/ican ovement bond issue: Net Interest Bidder Price Cost & Rate Am National Bank St. Paul $1,008,780.00 $432,001.84 (6.3250$) p CIlYOF FRIDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTWTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS STAFF REPORT APPEALS DATE October 30, 1990 PLANNING COMMISSION DATE CITY COUNCIL DATE November 19, CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZON94G ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION AUTHOR YM" is VAR #90-30 Pat and Rita Boyle To reduce the required side yard setback fran. 17.5"feet to 4.5 feet 6261 Rainbow Drive N.E. R-1, Single Family Dwelling R-1, Single Family Dwelling, Avenue to the E Yes Denial to the N, W, & S; University 7A Staff Report VAR #90-30, 6261 Rainbow Drive N.E. - Pat & Rita Boyle Page 2 A. PUBLIC PURPOSE SERVED BY, REQUIREMENT: Section 205.07.03.D.(2).(c).((1)) 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: "To allow the construction of a second accessory building in line with garage to utilize existing driveway" C. ADMINISTRATIVE STAFF REVIEW: Request The petitioners, Pat and Rita Boyle, are requesting that a variance be granted to reduce the side yard setback from 17.5 feet to 4.5 feet to allow the construction of a 624 square foot second accessory building on Lot 1, Block 2, Sylvan Hills Addition, generally located at 6261 Rainbow Drive N.E. The petitioners have applied for a special use permit for the accessory building as it is over 240 sq. ft. The Planning Commission tabled the request due to lack of building plans/ elevations. Site The parcel is located at the intersection of Rainbow Drive and the University Avenue service road. Located on the lot is a single family dwelling unit with an attached two car garage, constructed of brick and wood. Also on the lot in the rear yard is a carport, which the proposed accessory building will replace. The site is zoned R-1, Single Family Dwelling, as are the parcels to the south, west, and north. Analysis Access to the proposed building would continue to be from the existing driveway, as the door to the accessory building would face north. Staff recommended for the special use permit that the accessory building be located at the rear of the lot meeting the 17.5 foot setback requirement. There is ample room on the petitioner's lot to meet the setback requirement. Staff Report VAR #90-30, 6261 Rainbow Drive, Pat & Rita Boyle Page 3 In addition, the Code allows accessory structures to be placed three feet from the rear lot line, so the structure would not need to be constructed in the "middle of the yard". The petitioner would still be able to access the building from the existing driveway, but would need to drive across the rear yard. Recommendation As the petitioner has an alternate location for the building which would meet the code requirement, staff recommends that the Appeals Commission recommend to the City Council denial of the variance request to reduce the side yard setback from 17.5 feet to 4.5 feet. Appeals Commission Action The Commission voted unanimously to recommend approval of the variance request to the City Council. City Council Recommendation The petitioner has ample room in the rear yard to locate the proposed accessory building in a way that would meet the Code requirement. Staff recommends that the City Council deny the variance request. COM iUNITY DEVELOOMENT DEPARTMENT uWoF FMD1-EY MEMORANDUM DATE: November 6, 1990 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #90-30, by Pat and Rita Boyle Attached is the staff report for the above request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The petitioner has an opportunity to place the building in a location that would meet Code. Staff recommends that the City Council deny the variance request to reduce the side yard setback from 17.5 feet to 4.5 feet. MM:ls M-90-790 7 Lit 71 PPEALS COMMISSION MEETING, _OCTOBBR 30, 1990 PAGE 11 4. CONSIDERATION OF VARIANCE REQUEST, VAR #90-30, BY RITA BOYLE: Per Section 205.07.03.D.(2).(c). ((1)) of the Fridley City Code, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E. Ms. McPherson stated this property is located at the intersection of Rainbow Drive and the West University Avenue Service Drive. The property is zoned R-1, Single Family Dwelling, as is the property to the north, west, and south. University Avenue is to the east. Ms. McPherson stated the petitioner is proposing to construct a 624 sq. ft. second accessory building, and he has applied for a special use permit as the building is over 240 sq. ft. The Planning Commission reviewed the special use permit request in June and tabled the request due to the lack of building plans and elevations, which the petitioner has now submitted. Ms. McPherson stated that in reviewing the special use permit, staff's recommendation is to locate the proposed accessory building within the 17.5 foot setback at the rear of the parcel. The petitioner's request is to reduce the 17.5 foot setback to 4.5 feet so that the accessory building would be somewhat in line with the existing garage. The petitioner would still be able to.use the existing driveway as the accessory building would face to the north. Ms. McPherson stated the petitioner has ample room on the property to meet the 17.5 foot setback. For that reason, staff recommends that the Commission deny the variance request. Ms. McPherson stated the petitioner's house faces Rainbow Drive; however, the garage faces east onto the University Avenue Service Drive. There is a fence running along the east property line and a car port along the east side portion of the fence. The car port structure will be removed with the construction of the second accessory building. Ms. McPherson stated the petitioner's house is 15 feet to the curb; however, the right-of-way line is only 4.5 feet from the dwelling unit itself. Dr. Vos stated the existing garage and house are 4.5 feet from the right-of-way line and are essentially nonconforming now. MOTION by Ms. Smith, seconded by Dr. Vos, to open the public hearing. 7J APPEALS COMMISSION MEETING, OCTOBER 30, 1990___ PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON NUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:50 P.M. Mr. Pat Boyle stated the biggest problem is that if they have to put the building at the 17.5 foot setback is with the existing driveway, and he would end up with yard on both sides of the garage with a driveway in between, which doesn't make sense. He stated there is a privacy fence on the east side now, and that will be torn down and a new fence constructed. The way his lot line and his neighbor's lot lines run, he would not be blocking the line of sight for anyone. The proposed accessory building would be in line with the existing attached garage, and he can then use the existing driveway in between. MOTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:55 P.M. Dr. Vos stated he looked at the property. His first reaction to this variance request is that it does not seem very advantageous to chop up the line of sight along the service road just to satisfy the 17.5 foot setback. The house and existing garage are 4.5 feet from the right-of-way, but with the boulevard, there is about 15 feet to the street. Now, they are asking the petitioner to go another 13 feet, so the proposed accessory building would be right behind the house in the middle of the back yard. He believed the widening of the service road must have taken some of the petitioner's property at some point in time, and he would consider that a hardship. He stated he would recommend approval of the variance as requested. Ms. Smith stated she is normally reluctant to grant this large a variance. However, because of the service road and the fact that the accessory building would be in the middle of the back yard, it did not make much sense to adhere to the 17.5 foot setback. The proposed accessory building at the 4.5 foot setback is not going to affect the line of sight or be a detriment to anyone else. Mr. Kuechle stated he concurred that the accessory building would not affect any sight lines and aesthetically it would be better to construct the accessory building at the side of the yard rather than in the center of the back yard, not only for the petitioner's view, but also for his neighbor's. He would recommend approval of the variance as requested. OTION by Ms. Smith, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR #90-30, by Pat and Rita Boyle, per Section 205.07.03.D.(2).(c). ((1)) of the Fridley City 7K APPEALS COMMISSION MEETING, OCTOBER 30, 1990 PAGE 13 Code, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item, along with the special use permit request, will probably go to the City Council on November 19, 1990. NOTION by Dr. Vos, seconded by Ms. Smith, to adjourn the meeting. Upon a voice vote, all voting aye, Vice -Chairperson Kuechle declared the motion carried and the October 30, 1990, Appeals Commission meeting adjourned at 9:00 p.m. Res ectfully submitted, Lyn Saba Rec rding Secretary PUBLIC BEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, October 30, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-30, by Rita Boyle, per Section 205.07.03.D.(2).(c). ((1)) of the Fridley City Code, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Mailed: 10/18/90 a J MAILING LIST FOR VARIANCE # 90-30 6261 Rainbow Drive N.E. - Rita Boyle City Council City Manager Diane Savage David Axnason John Snyder 567 Rice Creek Terrace N.E. 6220 Sunrise Drive N.E. 6230 Rainbow Drive N.E. Fridley, M 55432 Fridley, NN 55432 Fridley, M 55432 Rita Boyle 9homas Gli.adon A. T. Gear -man 6261 Rainbow Drive. N.E. 6230 Sunrise Drive N.E. 6225 University Avenue N.E. Fridley, MN 55432 Fridley, M 55432 Fridley, M 55432 John Jacob Walter Zembal A. T. Geaxnan 6251 Rainbow Drive N.E. 6240 $udr se D=ye N.E. 6257 University Avenue N.E. Fridley, Mlv 55432 Fridley, M 55432 Fridley, MST 55432 Willard Bolling William Ca-mp Current Tenant /gl-- 6241 Rainbow Drive. N.E. 6280 University Avenue N.E. 6267 University Avenue N.E. Fridley, PSV 55432 Fridley, M 55432 Fridley, NN 55432 Gordon Knutsen Robert Davis Current Tenant !`- 6231 Rainbow. Drive N.E. 280 Sylvan Lane N.E. 6263 University Avenue N.E. Fridley, NST 55432 Fridley, M 55432 Fridley, MSV 55432 Anthony Olesinski Loyd Tanner Plaza Cleaners 6221 Rainbow Drive N.E. 6260 RainboH. Drive N.E. 6259 University Avenue N.E. Fridley, NN 55432 Fridley, EN 55432 Fridley, NN 55432 Ernest Powell Resident Powdour Pouf Salon 6241 Sunrise Drive N.E. 6250 Rainbow Drive N.E. 6251 University Avenue N.E. Fridley, NN 55432 Fridley, NSI 55432 Fridley, NN 55432 Wayne Brandt Lovern Otters U.S, Navy Recruiting 6231 Sunrise Drive N.E. 6240 Rainbow Drive N.E. 6249 University Avenue N.E. Fridley, M 55432 Fridley, M 55432 Fridley, MZI 55432 VAR #90--30. 6261 Rainbow Drive N.E. - Rita Boyle Page 2 Buzz' Barber Shop Current Tenant 6247 University Avenue N.E. 6223 University Avenue N.E. Fridley, NAT 55432 Fridley, MN 55432 Current Tenant 6239 University Avenue N.E. Fridley, MN' 55432 Current Tenant ! t , 6243 University- Avenue N.E. Fridley, Mtn 55432 J & L Dance Studio 6235 University. Avenue N.E. Fridley-, M 55432 Current Tenant N"'' 6237 University Avenue N.E. Fridley, NN 55432 U. S. Air Force 6231 University Avenue N.E. Fridley, MN' 55432 Current Tenant 6229 University Avenue N.E. Fridley, MQ 55432 U. S. Army Recruiting 6225 University Avenue N.E. Fridley, NAT 55432 Current Tenant 6225. University- Avenue N.E. Fridley, M.V 55432 U. S. Marines Recruiting 6.223 University Avenue N.E. Fridley, MLV 55432 Fes' Insurance Group 6221 University Avenue N.E. Fridley, M 55432 Moon Plaza Restaurant 6215 University- Avenue N.E. Fridley, M 55432 North Star Video 6213 UnVersity- .Avenue N.E. Fridley, NAT 5.5432 Emerald QUice Supply 620.5 University- Avenue N.E. Fridley, NAT 55432 A & G. Enterprises 6205 University Avenue N.E. Fridley, NAT 55432 Affiliated Emergency 6201 University Avenue N.E. Fridley, My 55432 Vaeelock Enterprises A & G Enterprises 6205 University Avenue N.E. Fridley, NAT 55432 Mailed; 10/18/90 COMMISSION APPLICATION REVIEW FILE NUMBER FSE DATE MEEnNG DATERDES�CF�IPTIgI�.�'- xita Boyle CITY OF 62 10/12/90 10/30/90 side yard variance FMDLLY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. 10 BARB D. l COMMENTS Har DC7 MARK W. f ,q A 0" JOHN F. RREL C. LYDE M.it) LEON M. lr ,, 4 JIM H. to-oll d BOB A. /,� _ t DeR�-tet 'j N.L. Desvel " 6C 3 AVUM EN[JE Com �y� HN 55UKEVMM 432 MM (612) 571-3450 -•-- AVWCX-nC1q for Subm s; see attached II.1FOlt I'ON P Legal- description: I ! Bl Tract/Addition ock Int Square footage/acreage Q]rrent zoning: Reason for variance gip: and ay of ., w a AJssrel V � owners must sign 'this form prior to prooessir�!) (contract Pum: F SIG WUWE r• i SW' $100.00 idential properties Fee- $ 60.00 for res permit VAR # (s Receipt # Application received by: Scheduled scomnission da Sdieduled City Co=i-1 ftte: G VADTAkV"%PC eat, ery VAR #90-30 it and Rita Boyle 7D S //2 SEC. aTr © 3� i. oQ 7 1 � I Uit TH LS ,. r •f.l.: � �, $F�(LVA All Y Y� I� ��• ;� � � I s HIL Als�LVA7 6 --- � • 'w� «` ' = i�' � �//��"� e .N PL H _ Zp ✓ �� p AT 8 �sy r p� ,t. Q • �: Eq i ;; P ` ELLI E' ANE r;,. :.- 'r• �.•_ ~ : i J���� u S1 LM1N s UAY _.DRIVE ' i ^� % • •• •� 1 � �` '• i �'� � i +� 1:� , ! ,`�,• d ;o.r _.+n.+r I ld tl� t/ M /1 � � d 1 , 4 ar AUDk ORS ME Ir T Q r ,` I e h- .i. • I I 'SUB[ IVIS a !, �f. t� i r • � � ,t � - !I e,� �` rl �, t I •J3o1 o i I Nu • �• 9 r' DRIVE i i NO. 59uj •\• 1 DRIVE • 62'ND AVE' > r I ra ri.• •� 1 rW �..• �� i+ N .rO .•. LAND , , 5 "• i , , .: ,.if, y Vii. A- �i '. = u •,w• •r �• i. •��y L .c + I 33 �- a : ry a t1 - - :s. 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