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VAR 87-06Revised CITYOF FRIMLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Revised ' NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, March 17 1987 in regard to the following matter: Consideration of variance requests, VAR #87-06, by Lang -Nelson -Associates, Inc., pursuant to Chapter 205.09.3, D, 2d, of the Fridley City Code, to reduce the side yard setback of an already existing garage from 5 feet to 2.9 feet; and, pursuant to Chapter ;) 205.09.3, D, 2b, of the Fridley City Code, to reduce the side yard setback of an already existing apartment building from 25 feet to 23.5 feet; and, pursuant to Chapter 205.09.3, D, 1, of the Fridley City Code, to reduce the front yard setback of an already existing apartment building from 35 feet to 34 feet, all on Lot 1, Block 1, Sylvan Hills Plat 8, and Lot 2, Block 1, Sylvan Hills Plat 6, the same being 155 - 195 Satellite Lane N.E., Fridley, Minnesota, 55432. 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. DONALD BETZOLD CHAIRMAN APPEALS COMMISSION COMMSSION APPLICATION REVIEW : Department Number pile Date Meeting Data CITYOF Planning 12 2/25/87 3/17/87 FRIDLEY File Address/Description VAR #87-06 COMPLETE REVIEW CHECKLIST 155 - 195 Satellite Lane by Cherrywood La-Ne1:iAssociates RETURN TO PLANNING DARYL EBBIE IM 3 DEBBIE WJOHN DEBBIE--- j0b'ARREL DEBBIEJE LYDE DEBBIE — MARK —DEBBIE' --- LEON)-/' DEBBIE COMMENTS .k.Z, V �: e A-ez 1� co v�o(� �IO@Y� 0✓aiX `� ieC-l�a�- � �eTl� `@� C�piy, n . l I (1 GiV 9 eOI@ �a{ 0. (� � lol.'C1 � (l`�° ��V�"� +IA- e&sl s �� ®� L.0 t t l o , 11 Lf � N—' I'� PIJ 9, l Ce - V-4 e -S UUCVX L%.,oj:�r—,pj pq� 9P pl ppp���ppp �g{s F+J aR�-41FL?, ) -�b I h/ , .� CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (612)5171-3450 VARIANCE REQUEST FORM VARIANCE # & VARIANCE FEE %®D RECEIPT # 23;511 SCHEDULED APPEALS MEETING DATE PROPERTY INFORMATION PROPERTY ADDRESS 155-195 Satellite Lane N.E., Fridley, Minnesota LEGAL DESCRIPTION: LOT 1 _ BLOCK TRACT/ADDITION SylvanHills Plat 8 Sylvan PRESENT ZONING R-3 (Multiple Dwelling District) VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. See attached. Section of the Code: List specific hardship(s) which require the variance(s): FEE OWNER INFORMATION ADDRESS / 4601 celsioi� B SIGNATURE Note to t antis W. ra ted_PartnershippHONE St. Louis Park, MN 55416 920-0400 DATE a a a e+j'rfaJ�'�°r€�r PETITIONER INFORMATION NAME (plea�s��nt)'RCheriyw� LaNS21�i4ted 4601 lig4sior4lvd. SIGNATOkE _ a -c s W.'Lang, Gea.eral APPEALS COMMISSION: APPROVED St. Louis Park, MN 55416 DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: DATE 920-0400 FOR CITY USE ONLY ` Notification of petitioner and property owners within 200 feet: d Description of variance required: Nonconforming setbacks and sideyard distances as follows: a. Eight unit garage on east boundary is set back 2.9 feet; the required minimum side yard distance is 5.0 feet. b. The 2-1/2 story brick apartment situate on Lot 21 Block 11 on the east boundary is set back 23.5 feet; the required minimum side yard distance is 25.0 feet. C. The 2-1/2 story brick apartment building situate on Lot 1, Block 1, along the south boundary is set back 34.0 feet near the west end and 34.3 feet near the east end; the minimum required set back is 35.0 feet A variance from the City is required to allow the nonconforming setbacks and sideyard distances. See survey attached for locations of a, b, and c (highlighted in vellow). Item #l, March 17, 1987 ADMINISTRATIVE STUT REPORT 155 - 195 SATELhITE LANE N.E. VAR #87-06 Section 205.09.3, D, 2d requires that accessory buildings shall be set back a minimum 5 feet from any property line in side yard not adjacent to a street right-of-way. Public purpose served by this requirement is to maintain adequate side yard setbacks, maintain clear access for fire fighting, and reduce conflagration of fire. Section 205.09.3, D, 2b, requires that where a driveway is provided in the side yard, the minimum required side yard is 25 feet. Public purpose served by this requirement is to reduce visual polution in areas adjacent to lot lines, and to separate parking with landscaped areas. Section 205.09.3, D, 1, requires a front yard setback of not less than 35 feet for all structures. Public purpose served by this requirement is to provide desired f runt yard space to be used for green areas, and to provide adequate space for fire fighting purposes. B. STATED HARDSHIP: "To correct non -conforming setbacks to lawful, variance, conforming setbacks." C. ADMIN1STRAT1VE STAFF REVIEN: The Cherrywood apartment buildings and garages were constructed between 1965 and 1966. The property management team for the Cher rywood Apartments is seeking three variances for conditions that are currently non -conforming, in order to "clean-up" the property from a legal point of view. These three variances are as follows: 1. reduce the side yard setback of an existing garage from 5 feet to 2.9 feet; 2. reduce the side yard yard setback of an existing apartment building from 25 feet to 23.5 feet; and, 3. reduce the front yard setback of an existing apartment building from 35 feet to 34 feet. Also, the existing garage that requires the side yard setback is located across a 10 foot utility easement. Me utility companies have indicated that they are unwilling to vacate this easement. The petitioner understands the liabilities relating to their garage being located on this easement. 9 �5) c 2Z-113, 1 . . Mississippi LQ --j WLVA N L.L.5o VAR #87-06 1 5 X Lang -Nelson r oz, ------ L IN E. 16 1 41 ELL! Al t7, c UP Y DRIVE w —LANE AP 600 w —LANE AP P14, 71-1 IT IN " "0 V M—W �kA w,4 w -I ,a""4A op� -aj- 1;6 oN iv - Tj*e Drawing Board° P.Q. BOX 2,20505, DALLAS, TEXAS 75222 CALL TOLL FREE: 1-800-527-9530 NOTE -O -GRAM IV ❑ AIR MAIL ❑ REGULAR ❑ INTER -OFFICE FOLD AT (—) TO FIT DRAWING BOARD ENVELOPE # EW10P REORDER ITEM # N4R73 LANG - NELSON ASSOCIATES INCORPORATE® 4501 EXCELSIOR BOULEVARD, SUITE 550 * MINNEAPOLIS, MINNESOTA 55416 TO �2.�/J1JiCS �+• 44, � .f/ /f -_-..--__-- DATE __, %.�—cE---------- BY DATE SIGNED Item # N4873 © Wheeler Group Inc. 1982 Sender: I. Keep Yellow caps. 2. Send White and Pink copies with —ban, intact. Receiver: I. Wrlte reply. 2. Detech stub, keep Pink copy, return White copy to Sander. 771-1 - -- - - - - - - - ef jo We Al U_ n�! CITY OF FRI DLEY CIVIC CENTER • 6.331 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55.132 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE Cherrywood LaNel April 7, 1987 4601 Excelsior Boulevard, Suite 650 St. Louis Park, M 55416 On April 6, 1987 the Fridley City Council officially approved your request for a Variance, VAR #87-06, to reduce the side yard setback of an already existing apartment building from 25 feet to 23.5 feet; to reduce the front yard setback of an already existing apartment building from 35 feet to 34 feet on Lot 1, Block 1, Sylvan Hills Plat 8, and Lot 2, Block 1, Sylvan Hills Plat 6, the same being 155-195 Satellite Lane N. E. (Variance to reduce the side yard setback of an already existing garage from 5 feet to 2.9 feet was denied by Council 4/6/87) . with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson. Planning Coordinator JLR/dm Please review the noted stip copy to the City of Fridley r CITY OF FRIDLEY APPEALS COMMISSION MEETING, MARCH 17, 1987 CALL TO ORDER: Chairperson Betzold called the March 17, 1987, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Alex Barna, Jerry Sherek, Kenneth Vos Meribers Absent: Diane Savage Others Present: Darrel Clark, City of Fridley Bill and Mary Bissonett, P.O. 296,Prior Lake, Pin. Dick Reynolds, Mpls. APPROVAL _OF MARCH 3, 1987, APPEALS COM14ISSION MINUTES: MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO APPROVE THE MARCH 3, 1987, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUESTS, VAR #87-06, BY LANG -NELSON, PURSUANT 0 CHAPTER 205.09.3. D. 2d. OF THE FRIDLEY CITY CODE TO RFDI1'CF THF SIDF MOTION BY•MR. BARNA, SECONDED BY MR. SHEREK, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 155 - 195 SATELLITE LANE N.E. VAR #87-06 if APPEALS COMMISSION MEETING, PIARCH 17, 1987 PAGE 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.3, D, 2d,requires that accessory buildings shall be set back a minimum 5 feet from any property line in side yard not adjacent to a street right-of-way. Public purpose served by this requirement is to maintain adequate side yard setbacks, maintain clear access for fire fighting, and reduce conflagration of fire. Section 205.09.3, D, 2b, requires that where a driveway is provided in the side yard, the minimum required side yard is 25 feet. Public purpose served by this requirement is to reduce visual pollution in areas adjacent to lot lines and to separate parking with landscaped areas. Section 205.09.3, D, 1, requires a front yard setback of not less than 35 feet for all structures. Public purpose served by this requirement is to provide desired front yard space to be used for green areas and to provide adequate space for fire fighting purposes. B. STATED HARDSHIP: "To correct non -conforming setbacks to lawful, variance, conforming setbacks." C. ADMINISTRATIVE STAFF REVIEW: The Cherrywood apartment buildings and garages were constructed between 1965 and 1966. The property management team for the Cherrywood apart- ments is seeking three variances for conditions that are currently non- conforming, in order to "clean-up" the property from a legal point of view. These three variances are as follows: 1. Reduce the side yard setback of an existing garage from 5 feet to 2.9 feet; 2. Reduce the side yard setback of an existing apartment building from 25 feet to 23.5 feet; and, 3. Reduce the front yard setback of an existing apartment building from 35 feet to 34 feet. Also, the existing garage that requires the side yard setback is located across a 10 -foot utility easement. The utility companies have indicated that they are unwilling to vacate this easement. The petitioner under- stands the liabilities relating to their garage being located on this easement. APPEALS COMMISSION MEETING, MARCH 17, 1987 PAGE 3 Mr. Clark stated a survey was conducted on this property in October 1985 and shortly after that the petitioner did petition to have the mentioned easement vacated. Both Northwestern Bell and NSP do not want.the easement vacated, because they do have utilities in that easement. As stated in the Staff Report, all the apartment buildings were existing and were built some time ago. Two of the three vacancies met code at the time the buildings were constructed. Mr. Clark stated he had talked to the City Attorney about the easement, and the City Attorney recommended that unless the petitioner could get letters from the utilities agreeing to the encroachment into the easement, the City should not grant the variance for -the garage. Mr. Clark stated he had talked to a representative from NSP, and though they are not asking that the garage be moved, they were not willing to put it in writing that they did not care if the garage was on the easement. Mr. Bissonett stated he was representing the petitioner and property owner. He stated they have had a new mortgage put on the property, and the lenders have indicated they want the title cleaned up. So, the reason for the variances was to clean up the title. And, if they were ever to sell the property in the future, if the title was not cleaned up, it would just be another problem at the time of closing. Mr. Bissonett stated the buildings were constructed at a.time when they were supposedly legal. The front yard setback, whether an error in staking or whether there was a change in the survey at that time, was not known, but it was a minor variance (1 ft.). He could understand why the City would not want to grant the variance for the garage. They do not like having that easement over them, but it was there, and for some reason the garage was built under a power line. Obviously, they would like the easement vacated and the power line moved, but if the garage were to burn down or be destroyed, it could be very easily relocated on the property, so that would not be a major hang-up for them. Mr. Betzold stated the concern he had was that if the City granted the variances, the City was saying there was something unique about the property so that any- thing that ever goes on that property in the future could be 34 ft. instead of 35 ft., etc. Mr. Bissonett stated he spent 11 years as a Planning Commissioner and City Council member in another community, and had approached this type of thing a number of times. The way they usually approached it was that these were clean-up items that did not make the property unique and that<th;e action of approving the variances did not grandfather the City's permission to another develgper to do the same thing. These were specifically items that were germane only to this property and were clean-up items. If the variances had been granted at the time the ordinance was changed, it would have been very logical, but that was not done, and now it was just a matter of cleaning up the title. S APPEALS COMMISSION MEETING, MARCH 17, 1987 PAGE 4 Mr. Betzold stated he did not think there was much they could do about the utility easement. He didn't think they would need a variance for the side - yard setback from 25 ft. to 23.9 ft. because it was already a legal non- conforming use. The building was constructed according to the code at the time, and they cannot make anyone move the building simply because of a code change. Mr. Bissonett stated the only problem with that was when they are dealing with income property, the mortgage companies get very paranoid at the thought of having a legal nonconforming property. When it is a legal nonconforming property, there is always the outside chance that if the building was destroyed in any way, they might have to rebuild to a smaller size or a different con- figuration which would affect the income stream; i.e., make it difficult for the owner to repay the mortgage. Mr. Betzold stated that was his concern --that if they do grant the variances and the buildings were ever destroyed, that the owner could rebuild exactly to where it was right now, even though the code was changed. Mr. Bissonett stated if the variances were more like 6-8 ft., he wouldn't strongly argue for these variances, but they are small dimensions, and he did not feel it was anything that would cause any real problems. If the variances were not granted and the buildings were destroyed, they could probably build the building the same size, but they would have to relocate the foundations to do it and that would be a big physical problem. As far as the garage, it was on a floating slab, and if they had to move that, it would not be a big deal. MOTION BY DR. VOS, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Barna stated he had no problem with the front yard setback and the one side yard setback. As far as the back line from the garage, there was additional property to the east. Mr. Bissonett stated that right now the property immediately to the east was part of a planned unit development proposed to the City of Fridley by Lundgren Development Corp., and the chance of purchasing any property at this time would probably be very difficult. Mr. Barna stated one of the guidelines the Appeals Commission had to look at was Whether there was property available that possibly could be purchased. Mr. Clark stated the owners could take the garage that now faces gest, turn it and face it south and back it up 6 ft. off the north line, and they would not lose parking but would actually gain some parking. Mr. Barna stated that if the garage burned down, and the owner came in for a building permit to rbuild, would this easement enfringement be caught at that time? APPEALS COMMISSION MEETING, MARCH 17, 1987 PAGE 5 Mr. Clark stated the survey would be in the folder for that property so it was a matter] of record at the City. Dr. Vos stated he had no difficulty with the variances as requested. He had a hard time even spotting the 2.9 ft. to the property line since everything was vacant both north and east of the apartment buildings. He stated the best looking property in the whole area was the apartment buildings. He did not think anyone would sell 2 ft. just for an apartment garage; and, from the lot line to the next building on the east side, there was quite a distance. Mr. Sherek stated he had no problem with the side yard and front yard variances for the building, but he would not support the variance for the garage setback. He felt the mortgage company's complaints about not having these setbacks con- forming with respect to the apartment building, he could understand that and could see why it would be extremely important. It was not a consideration they should probably be dealing with, but the property was already developed that way, and it was not the fault of the present owners. Even if the garage did burn, he did not think that would significantly affect the income stream and the mortgage company shouldn't cause any kind of penalty because of it. The garage could easily be rebuilt. Mr. Betzold stated his concerns were more legal than practical. Practically speaking, the City was not going to make any changes. He did appreciate where the petitioner was coming from, because he did know mortgage companies did get somewhat unreasonable sometimes. However, he was really concerned that by granting the variances, the City was saying there was. -something unique about the property that created a hardship which meant the building would have to be built 34 ft. instead of 35 ft., 23.5 ft. instead of 25 ft., etc. He did not see that the uniqueness was there, and he would like to think that there was some less restrictive alternatives available, and that somehow the attorneys for both parties could work together to come up with some promise by the City that the City would never do anything that would impair the property unless the buildings were torn down and something else was built on it. Mr. Betzold stated he would have to vote against the variances for these reasons. {s 44 . 'Betzolct-stated he would' agree with Commissioner Sherek that he could not go along with the garage setback because by sanctioning that variance, they were putting the City on line that if the utility company comes along and it there was a lawsuit or anything, the City would get caught in it, and the City did not want to be put in that position. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUESTS, VAR #87-06, BY LANG -NELSON, PURSUANT TO CHAPTER 205.09.3,D, 2b, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK OF . AN ALREADY EXISTING APARTMENT BUILDING FROM 25 FT. TO 23.5 FT; AND, PURSUANT TO CHAPTER 205.09.3, D, 1, OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK OF AN ALREADY EXISTING APARTMENT BUILDING FROM 35 FEET TO 34 FEET, ALL ON LOT 1, BLOCK 1, SYLVAN HILLS PLAT 8, AND LOT 1, BLOCK 1, SYLVAN HILLS PLAT 6, THE SAME BEING 155-195 SATELLITE LANE N.E., FRIDLEY, MN. 55432. APPEALS COMMISSION MEETING, MARCH 17, 1987 PAGE 6 UPON A VOICE VOTE, BARNA, SHEREK, VOS VOTING AYE, BETZOLD VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 4-2. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECOMMEND TO CITY COUNCIL DENIAL OF VARIANCE REQUEST, #87-06, BY LANG -NELSON, PURSUANT TO CHAPTER 205.09.3,D, 2d, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK -OF AN ALREADY EXISTING GARAGE FROM 5 FT. TO 2.9 FT. ON LOT 1, BLOCK 1, SYLVAN HILLS PLAT 8, AND IAT 2, BLOCK 1, SYLVAN HILLS PLAT 6, THE SAME BEING 155-195 SATELLITE LANE N.E., FRIDLEY, MINNESOTA 55432. UPON A VOICE VOTE, BARNA, SHEREK, BETZOLD VOTING AYE, VOS VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE NOTION CARRIED BY A VOTE OF 4-1. ADJOURNMENT: MOTION BY DR. VOS, SECONDED BY MR. SHEREK, TO ADJOURN -THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED.THE MARCH 17, 2987, APPEALS COMMISSION MEETING ADJOURNED AT 8:10 P.M. Respectfully sub 'tted, LyntYV Saba Recording Secretary COUNCIL MEE WM OF APRIL 6. 1987 request for April 20, 1987. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R-3. GENERAL MULTIPLE DWELLING, TO R-1, ONE FAMILY DWELLING, GENERALLY LOCATED AT 441 HMO STREET N.E.. BY MCCR,_INC.: NDTION by Councilman Schneider to set the public hearing for 20, 1987. Seconded by Councilman Fitzpatrick. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. C. NIC. Robertson, Community Development Director, ated this special use permit is to allow for outside storage relate to the expansion of an existing auto salvage yard at 3737 East River d. He stated the expansion will be to the north on Burlington Northern's operty and would be used for storage of disabled vehicles. Mr. Rober son stated this isn't the traditional junk yard, but these vehicles h e been damaged and are being stored by insurance companies prior to au ion or re -sale. Mr. Robertson stated there are a staff, in conj unction with this spe Page 15N of the Council's agenda. landscaping and screening. it of stipulations recommended by use permit request, and outlined on stated these generally relate to Mr. Robertson stated a letter waX received f ran Mr. Norman, Regional Manager for Burlington Northern, in reperence to stipulation No. 9 regarding the billboard. He stated Mr. No an questioned the authority to impose this regulation since the billboafid isn't physically located on the property in question. He stated staff requested the City Attorney to review Mr. Norman's letter. Mr. Newman, Assistant 'ty Attorney, stated Burlington Northern has taken the position that si the applicant isn't leasing the land, the City is attempting to regul property beyond the area covered by the special use permit application He stated f ran a legal standpoint, there may be some validity in Burl' on Northern's concerns and would recommend that this stipulation be leted. NDTION by Gb oilman Fitzpatrick to grant special use permit, SP #87-04, with the fol owing stipulations: (1) petitioner to enclose new storage area with an ei t foot high chain link fence with staff approved vinyl screening slats all along the north and west sides prior to any storage; (2) petitio to spray paint existing slatted fence (where vine growth allows) to mat new fence slatting by June 30, 1987; (3) petitioner to install lands ping, as per City plan dated March 18, 1987, by June 30, 1987; (4) peti oner to provide a water truck or other acceptable means of irrigation for andscaping by June 30, 1987; (5) petitioner to refurbish security but -7- at main entry by June 30, 1987; (6) petitioner to install blacktoppi and concrete curbing for Salvage Yard and Shorty's Towing, as shown on plan dated March 18, 1987, by July 31, 1987; (7) petitioner to compl,efte a tax parcel combination form for existing parcels under his o ership; (8) landscaping and irrigation subject to modificaton based bounty and NSP considerations; (9) special use permit is for a property lying approximatly 609 feet north of existing salvage ya , which represents a lesser amount than that published; and (10) a pe rmance bond or letter of credit in the amount of $10,000 to oover impr tints to be submitted to the City prior to effectuation of this spe use permit. Seconded by Councilman Goodspeed. Upon a voice vot all voting aye, Mayor Nee declared the motion carried unanimously. D. MJTMN by �Mr-ll an Fitzpatrick to set the public hearing on this vacation request fo20, 1987. Seconded by Councilman Schneider. Upon a voice vote, all ing aye, Mayor Nee declared the motion carried unanimously. E. THE MINUTES 0 Mr. Robertson, Community Development Director, stated these variances are requested to correct non -conforming setbacks as follows: (1) reduce the side yard setback of an existing garage frau 5 to 2.9 feet; (2) reduce the side yard setback of an existing apartment building f rom 25 to 23.5 feet; and (3) reduce the front yard setback of an existing apartment building frau 35 to 34 feet. Mr. Robertson stated the existing garage that requires the side yard setback is located across a ten foot utility easement and the utility companies have indicated they are unwilling to vacate this easement. He stated the petitioner understands the liabilities relating to their garage being located on this easement. He stand the utility companies are not willing to put in writing they have no objection to the garage being on the easement, therefore, it is the City Attorney's opinion the City should not grant the variance for the garage. Mr. Bissonett, representing the petitioner, stated the utility easement cannot be vacated, however, the utility companies have not asked the garage be moved. He stated he can see the justification for denial of this particular variance. r m 16. 17. 18. NDTION by Councilman Goodspeed to concur with the recommendation of the Appeals Commission and grant the two variance requests, VAR #87-06, to reduce the side yard setback of an existing apartment building from 25 feet to 23.5 feet and to reduce the front yard setback of an existing apartment building fran 35 feet to 34 feet and to deny the variance to reduce the side yard setback of an existing garage from 5 feet to 2.9 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Robertson, Community Development Director, stated on ctober 17, 1983, the Council approved special use permit, SP #83-10, for a operation of an autanobile repair garage at 7948 University Avenue. stated this permit was issued to the owner, Gerald Paschke, and the pe ' 'oner Fred Lyons, with four stipulations which he outlined. He stated o November 3, 1986, the Council reviewed this special use permit and, at at time, the operator had vacated the premises and Council directed sta to notify the petitioner that the special use permit had expired. Mr. Robertson stated a new operator, Mr. to take over the operation of an auto location. He stated he has contracted ' matter and in as much as special use r operator, the City could simply rei t stipulations. ey, is requesting permission ile repair garage at this same e City Attorney's office on this lits are issued both to owner and the new petitioners with the same NDTIUN by Councilman Goodspeed reinstate special use permit, SP #83-10, with the new petitioners and a following stipulations: (I) no outside storage of garbage contain rs; (2) no outside repair of cars; (3) no overnight storage of cars o side the building; and (4) this special use permit be granted for a ee year period with staff review after one year and if there are no prob ens, it could be extended for another three years by Council action. nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, may ee declared the motion carried unanimously. M3TION by Co oilman Fitzpatrick to adopt Resolution No. 33-1987. Seconded by Council an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. FINAL-PLANS0. ON No. 34-1987 OM)ERIW.7 IMPRCVMNT AND APPRCML OF oRDERArR 1987-1: eclur N by Councilman Fitzpatrick to adopt Resolution No. 34-1987. Seconded ncilman Goodspeed. Upon a voice vote, all voting'aye, Mayor Nee ed the motion carried unanimously. -9- 19. RESOLUTIO-N NO, 35-1987 OIRDERING OREM= AND ADVERUSEMENT FOR BIDS FO I REPAIR AND _ 5!i' 6hM= QE •OMMO_ PARK WATER FILTRATION PLANT PROJECT _ NO 20. Mr. Flora, Public Works Director, stated plans and specif received for modifying and upgrading the filters at the filtration plant. He stated, in order to expedite thei affecting the water distribution system, it would be p advertise for bids for the project. Mr. Flora stated TIDA would be willing to conduct construction period for an estimated cost of consulting fees would be less than 8% of the overe He stated some special materials, large pipes and installed in this project which is not of a rout felt it would be appropriate to have a consults than the City personnel. tions were mmons Park rk without opr i ate to the y6spections during the $')A,500 and the total Sconstruction project. pass valves, would be ne nature, therefore, he do the inspection, rather Mr. Flora stated the issue of a consultant or the inspection work could be addressed when the contract is awarded, would like for the Council to consider the resolution at this time so f can proceed to advertise for bids. Councilman Goodspeed requested a w ofthe noise ordinance be mailed to prospective bidders with the bid s'ecifications. NDTION by Councilman Goodspeed adopt Resolution No. 35-1987. Seconded by Cbuncilman Schneider. Upon a bice vote, all voting aye, Mayor Nee declared the motion carried unanimous 3.600 SO -UM FEET: Mr. Flora, Public orks Director, stated the property owner, Wayne Dahl., has requested the cil defer the assessment placed on his property under Street Improv ent Project ST 1986-1 until such time as the property is sold, replat d, or is developed in excess of 3,600 square feet. He stated this relate to the vacation of Viron Road and the owner has withdrawn his plans for dditional construction, therefore, it would be appropriate to abate th assessnent. Mayor ee asked if there was a problen with the word "abate". Mr. Pribyl, Fina ce Director, stated the Council is actually abating the prior as ssment and deferring it until a later date. p6mN by councilman Schneider to adopt Resolution No. 36-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -10- Variances are not filed in Torrens STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #87-06 Lancs -Nelson , Owner CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 6th day of AEril , 19--E—, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Reduce the side yard setback of an existing apartment building from 25 feet to 23.5 feet and to reduce the front yard setback of an existing apartment building from 35 feet to 34 feet on Lot 1, Block 1, Sylvan Hills Plat 8 and Lot 2, Block 1, Sylvan Hills Plat 6, the same being 155-195 Satellite Lane N. E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of April 6, 1987, STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK 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 handat�he City of Fridle , Minnesota, in the County of Anoka on the �� day of at 19 DRAFTED BY: City of Fridley 6 431 University Avenue N.E. Fridley, MN 55$32 4�—" elf-- SHIRLEY vSHIRLEY A. HA ALA, CITY CLERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. (SEAL) MAILING LIST VAR #87-06 155-195 Satellite Lane :L7ie.rrywood Lang Net. Raydon Hong 4601 Excelsior Blvd. Suite,650 .115 Sylvan Lane St. Louis Park, MN 55416 Fridley, MN 55432 Fred Levy Paulette Reid 7515 Wayzata Blvd. 101 Sylvan Lane Mpls., MN 55426 Fridley, MN 55432 Kelly Dixon 6390 Starlite Blvd Fridley, MN 55432 G. Wellner Edward Wetterberg 6379 University Ave. 175 Sylvan Lane N.E. Fridley, MN 55432 Fridley, MN 55432 G. Wellner Matthew Field 6423 Starlite Circle 161 Sylvan Lane Fridley, MN 55432 Fridley, MN 55432 G. Wellner William Zurbey 6421 Starlite Circle 145 Sylvan Lane Fridley, MN 55432 Fridley, MN 55432 Eric Comer Robert Strom 101 Satellite Lane 144 Satellite Lane Fridley, MN 55432 Fridley, MN 55432 Levy Powell Joseph Grapevine 6410 Starlite Circle 160 Satellite Lane Fridley, MN 55432 Fridley, MN 55432 Sylvester. Maciej Nick Dennis, Jr. 6400 Starlite Circle 174 Satellite Lane Fridley, MN 55432 Fridley, MN 55432 Fred Bender Thomas Christensen 100 Satellite Lane 190 Satellite Lane Fridley, MN 55432 Fridley, MN 55432 Alf Lee Edwar Ahrens 130 Satellite Lane 198 Mercury Drive Fridley, MN 55432 Fridley, MN 55432 Paul Scherven 131 Sylvan Lane Fridley, MN 55432 Appeals 3/03/87 Louis Sandusky 181 Sylvan Lane Fridley, MN 55432 RAO Manufacturing 200 Mississippi Street Fridley, MN 55432 Donald Keefe 2425 Brookridge Ave. Mpls., MN 55422 Rick Hartman 115 Satellite Lane Fridley, MN 55432