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VAR 11.71OFFICIAL 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 Chamber of the City Hall at 7:30 P.M. on Tuesday, November 23, 1971 to consider the following matter: A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the minimum front yard setback from 35 feet to 30 feet to allow the construction of a front entry onto existing dwelling located on Lot 9, Block 4, Parkview Oaks 1st Addition, the same being 5516 Regis Drive N.E., Fridley, Minnesota. (Request by Mr. Edward W. Fuerstenberg, 1319 Circle Terrace, Columbia Heights, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS ��. ao APPLICATION, TO THE BOARD OF APPEALS AND CY CGMIL FOR SPECIn USE PERMIT, VARIANCE TV REQUIREMrrIS OP' CERTAIRi . ORtDINANCES OF THE CITY OF FIAIME'Y (Applicant to.complete items 1, 2, 3) 181- 0/34 2, flame and Address of Applicant 44 .2. Legal Description of Property (also general locaticn, such ss;►°n®rt�:- east corner of 64tH Avenue and 5th Street" or 6+15 Fifth Street") 0 3. Describe the variance requested. (Attach Plat ax Sa rvwy art rrgarty showing location of proposed building, etc., Alio adjoining properties and ownership within 2001 of said property.) 6. Comments by administrative official denying original request for buildins permit or other permit. (To be completed by adwin_mtrativa official. Appropriate ordinances and section of ordinances to be cited,) �®Notice of Hearing appe dates: (=sat be at least once attached). - 2 - Official Newspaper on the following meeting -- copy of notice to 90@94 Newborn notified of meeting by • 1,3 19,71 (List XWbers, Date Notified, and Pees" or "Nd or VILAus to attoW hearing) , a 11K3 /tg;s /---" SCOP R6EGUs /02 0Aigs@ap:r4A. V-9 - ®®ZeZ71 link s and interestiod % rhea mare psesett at the //- v z/ - 2 - S® Notice of Nearing appeared in Official Newspaper on the following dates: (mot be at leant once 10 days before meeting -• copy of notice to be attached). 6o 30ard Members notified of meeting by (List Members, Date Notified, and 11yee08 or IIIAGPI For Aiii, to attend hearing). a Oat -to At -tend 7. Person snaking appeal and the following property o ars having property within 200° not -if M Following Board Hembers and interested parties were present at the Neariust .-3- OTHER PARTIES: DAME 9. Opinions and recommendations by BOARD OF APPEALS: ADDRESS 10. For Above Recommendations Against•Recommendations 11.'Iction by City Council and Date: a v Ir THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 23 1971 The meeting was called to order by Chairman Minish at 7:35 P.M. MEMBERS PRESENT: Minish, Drigans, Harju, Sondheimer, Wall MEMBERS ABSENT: None OTHERS PRESENT: Clarence Belisle, Building,Inspector MOTION by Harju to approve the minutes of the October 26, 1971 meeting as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish reported to the Board that the Council had concurred with the Board's recommendations on the October 26, 1971 items. 1, A REQUEST FOR A VARIANCE OF SECTION 45.134, 6, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK. WHEN AN M-1 PROPERTY IS ADJACENT TO A DIFFERENT DISTRICT, FROM 100 FEET TO 70 FEET TO ALLOW THE CONSTRUCTION OF A WAREHOUSE AND OFFICE BUILDING TO BE ON PART OF LOT 1, PARCEL 300, AUDITOR'S SUBDIVISION NO. 89, THE SAME BEING 1305- 72ND AVENUE N E FRIDLEY, MINNESOTA. (REQUEST BY BRYANT-FRANKLIN CORPORATION, 1000 WEST COUNTY ROAD D. NEW BRIGHTON, MINNESOTA.) Mr. Richard Brama, President of Bryant -Franklin Corp., was present to present the request. A landscape plan and floor plan were shown to the Board. Mr. Brama explained they are buying the land from Midwest Federal, who is the fee owner of the property. Mr. Brama said when they had the architect draw up the plans they asked him to put the maximum size building on the land that would meet all codes. Because of the R-3 Zoning across the street they found the setbacks on their property more restrictive. They could meet the front yard setback requirement by turning the building around and facing the warehouse toward 72nd Avenue instead of the offices but they feel the proposed placement is more aesthetically pleasing to the surrounding area. He also discussed this with Midwest Federal, who would be mortgaging the construction, and they feel the proposed placement is also the best arrangement. Mr. Brama said the proposed building,is 352'-0" long by 120'-0" wide. The front 20 feet of the building will be used as office area with the remaining 100 feet used as warehouse area. The building is designed so that it could all be used for one company or it could be rented out to several small businesses. The building will be partitioned into bays that are 35 feet by 120 feet or could be partitioned to the tenants requirements. The ceiling is 20 feet high so there could be a mezzanine floor if the occupant desired. The building will be 70 feet from the property line, with another 50 feet to the centerline of 72nd Avenue so they feel it will not be encroaching on anything. Mr. Jim Determan of Determan Welding, 1241 -72nd Avenue, adjacent property to the West, stated his building is setback 100 feet from the centerline of 72nd Avenue. His building is a steel building that was built 4 years ago. He mentioned he will be adding onto his building and he will be erecting a security fence in the near future. • The Minutes of the Board of Appeals Meeting of November 23, 1971 Page 2 Chairman Kinish asked Mr. Determan if he had any objections to this variance. Mr. Determan said he did not. Mr. Sondheimer asked what material the building would be constructed of. Mr. Brama answered it would be constructed of decorative concrete block, steel bar joist, and a concrete floor. Each office would be air conditioned and carpeted, with a bathroom with ceramic tile. The tenants would decide how much soundproofing, security, etc., that they would need. Mr. Belisle asked what type of screening they were planning on using. Mr. Brama said the plans show a 6 foot high chain link fence and they would like to use this fence rather than a wooden one that would need a lot of upkeep. MOTION by Wall to clone the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. The Board members agreed that this was one instance where the building would enhance the area more by positioning it as proposed, with a variance, rather than turning the building and following the required setback. MOTION by Harju to recommend to the City Council approval of the variance provided the offices are located on the South side of the building as this adds more aesthetic value to the area t}ian having the loading docks face 72nd Avenue. Seconded by Wall. Upon a voice vote, there being no nays, the motion carried unanimously. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE CONSTRUCTION OF A FRONT ENTRY ONTO EXISTING DWELLING LOCATED ON LOT 9, BLOCK 4, PARKVIEW OAKS 1ST ADDITION THE SAME BEING 5516 REGIS DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. EDWARD W. FUERSTENBERG. 1319 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA.) Mr. Fuerstenberg was present to present the request. A verification survey was presented to the Board which showed the house set back 36 feet instead of the expected 35 feet. The survey was not available at the time the variance was requested. Therefore, the variance measurements should now read from "36 feet to 31 feet" instead of from "35 feet to 30 feet". The public hearing notice should also be changed to read "existing foundation" instead of "existing dwelling". Mr. Fuerstenberg stated the existing foundation was installed 2 years ago by Mr. T. Gnerre. The dwelling was not completed at that time because Mr. Gnerre: could not get a buyer for it. ' Mr. Fuerstenberg saidhe is planning on constructing a split entry dwelling with a 5 foot by 12 foot entry on the front. There would be a crawl space under tho entry that would serve as a storm cellar. He wants to add on the entry for two reasons; 1. The adjacent house to the North has the identical layout and this �i The Minutes of the Board of Appeals Meeting of November 23, 1971 Page 3 Would separate them somewhat. 2. Without the entry he would not be able to have the floor plan that he wants ( across the back from south end - master bedroom, kitchen and then family room). According to the survey, the house to the North has a 32 foot setback and the house to the South has a 37 foot setback. Mr. Fuerstenberg said the.second house to the North has only a 30 foot setback. The difference in setbacks is caused by the land terrain in this area. The houses are on a hill and have no back yards to speak of® Mr. Fuerstenberg said there is no back yard on this property but there is no erosion on the back area as the bank is all sodded. He added he does plan on installing two stone retaining walls, putting fill in between them, and then planting flowers to cut down the drainage off from the back area. Mr. Belisle stated the Inspection Department did require that Mr. Fuerstenberg get a soil test on this property as the existing footing did seem to be heaving and had several cracks in it. Mr. Fuerstenberg did have the report from Twin City Testing and Chairman Minish. read aloud the "Conclusions and Recommendations" of this report. Basically the report said the footings should not heave if the backfill is increased to a minimum of 32 feet above the top of the footing elevation and that they are structurally sound to transfer the structural loads to the underlying soils. Also any soft, wet interior fill should be replaced with granular fill. All of the surrounding property owners had signed the variance application that Mr. Fuerstenberg submitted. Mr. Fuerstenberg stated he had contacted all of them, informed them of his intentions to build the entry, and they had signed the application as they had no objections. MOTION by Drigans to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Wall to recommend to the City Council approval of the variance to reduce the front yard setback from 36 feet to 31 feet for the following reasons; 1. To facilitate the use of an existing foundation to its best advantage. 2. The front yard setback is consistant with the surrounding homes and would not detract from the neighborhood. 3. There were no objections from the surrounding property owners. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT The meeting was adjourned by Chairman Minish at 8:45 P.M. Respectfully submitted, MARY HIN Secreta REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 15 V 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE CON- STRUCTION OF A FRONT ENTRY ONTO EXISTING DWELLING LOCATED ON LOT 9, BLACK 4, PARKVIEW OAKS 1ST ADDITION, THE SAME BEING 5516 REGIS DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. EDwARD W. FUERSTENBERG, 1319 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA): MOTION by Councilman Breider to grant the variance as requested by Mr. Edward Fuerstenberg. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of November 23, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REPORT REGARDING SS&SFT PROJECT #105-1 AND CONSIDERATION OF AWARDING OF THE CONTRACT: (Bids Opened 11030 A.M., November 15,•1971) NOTES Bids listed in Council Minutes of November 15, 1971. The City Engineer said, as the Council will recall, this award was laid over at the last meeting because the bids received were higher than the estimate. He has talked to the contractor to see if there was any way to reduce the cost, but he has been unable to get a reduction. He said that the letters were went to a].l the affected parties advising them the bid price is 26% higher than the estimate. He noted there was one property owner present tonight to give his views. Mr. James A. Leidich of the Learning Tree Day Care Nursery on 53rd Avenue, said he was still very much in favor of the project and he has talked to Mr. Herringer and he also still wants the project. MOTION by Councilman Kelshaw to award the bid for Sanitary Sewer and Water Improvement Project #105, Addendum #1 to Dycon Corporation in the amount of $22,793.90. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.. - REOUESTING A THREE WAY STOP BE INSTALLED AT NOTION by Councilman Breider to receive Petition #26-1971 and instruct the Administration to install a stop sign on Madison at the intersection with Lyric Lane, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion caxried unanimously. The City Engineer said this is for installation of sewer and water utilities in the area north of Osborne Road. On Pages 32, 33, and 34 of the Council Agenda are maps of the proposed construction of the project as authorized by Council resoluttga, He said he was proposing to proceed with the project in stages and on the same pages also shown is the first phase of the work of the total improvement project, REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 16 but he said he is only suggesting proceeding with this work at this time. He said he wanted to report there.wAs a soil analysis taken, and they found in some cases the peat is 251 - 30' deep which will increase the cost of the utilities. He said his department reels that unless this project is staged, that property difficult to develop will go tax forfeit. The first ,stage is to open Main Street from 79th Avenue to 83rd Avenue and 83rd Avenue from Main Street to T.H. #47. Then if there is a request for utilities, it wool& be an easy matter to extend the utilities from the mains already in place. He said all the legal steps for the improvement have been taken, except for ,calling for bids. He pointed out that when all the work is done at one time you get a better price, however, until the property is developed, no one could know exactly where the lines should be placed. Councilman Liebl asked if therewere any objections from the property owners. The City Engineer said only one, Mr. Fred Yesnes, all the others have requested the City to go ahead and they have well over 50%. MOTION by Councilman Liebl to adopt Resolution #152-1971. Seconded by Councilman Breider. The City Engineer said he would like to say a word about the storm sewers. Fridley will not get help from Spring Lake Faris, so there cannot be a complete system pint in at this time. He said he proposed staging the installation and only putting in the pipewhere absolutely necessary. If more is put in later, the system will still fit together, This would lower the water table as much as possible. There will still be a large area of open ditch but it could be piped later if development dictates. He said he wanted to point out that the ditch will need continuous maintenance because of the soil conditions. Mr. Richard Farris said this seems the best solution to a bad situation and he hoped future Councils will, recognize their problems when the area is developed. He anticipated problems, especially in parking, because of the ditch. THE VOTE upon the motion® being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #153-1971 - APPROVING THE HIGHWAY LIGHTING MAINTENANCE .AGREEMENT: MOTION by Councilman Harris to adopt Resolution #153-1971, and authorize the signing of the agreement. Seconded by Councilman Liebl. Upon a voice vote,, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #154-1971 - URGING PARTICIPATION BY METROPOLITAN COUNCIL OF THE TWIN CITIES IN FUNDING A RECODIFICATION OF ALL LOCAL CRIMINAL AND TRAFFIC CODES IN THE METROPOLITAN AREA: MOTION by Councilman Braider to adopt Resolution #154-1971 and instruct that a copy of the Resolution be forwarded on to the Joint Law Enforcement Council. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.