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LS 84-13MO'T'ION by Councilman Goodspeed to ur with the recommendation of the Planning Commission and grant :caoninbinecd it, L. S. #84-12, with the following stipulations: (1) pa parke cf $221.38; (2) register lot split with the County, opo royal or or to issuance of a building permit; and (3) the ren r of Lot 4 be with Lot 5 to create a buildable site. Seco by Councilman Schneider. Upon a voice vote, all voting aye, Mayor N clared the motion carried unanimously. 4C. Mr. ,Public Works Director, stated this is a proposal to split this property into a zero lot line duplex which is allowed in a R-2 zone. He stated the purpose is to allow each unit to be sold separately. Mr. Flora stated the Planning Commission recommended approval with the stipulations that a park fee be paid, the lot split be registered with the County, and a declaration of covenants be recorded with the County and submitted to the City. M?TION by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant lot split, L. S. #84-13, with the following stipulations: (1) payment of park fee of $750; (2) register lot split with the County; and (3) record with the County and submit to the City, a declaration of covenants for the properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. amwow 4rey ' o !•, ii .. •A► 410 � lfj'y I: 7i; LIZ, Mr. Flora, Public rks Director, stated this is a request for variances for property at 7210 East>exceed to increase the maximum allowable area for a garage from 1,000 sqo 1,440 square feet; to allow the square footage of a garage toirst floor area of the house; to increase the height of an accesng the maximum 14 feet to 23 feet; and to increase the maximuootage r all accessory buildings from 1,400 square feet to 1,440 square feet. Mr. Flora stated the hardship indicated by the pe oner was to enable him to store his many vehicles in a covered garage. He t this would improve the looks of his property. Mr. Flora stated this lot is probably one of the larger lot in Fridley at over 29,000 square feet and if the variances were allowed, it uld also be the largest garage on private property in the City. Mr. Flora stated the neighbors were contacted and were not opposed the variances and indicated they would rather see this addition than a sepa to E:7 Community Development Department C� PLANNING DIVISION City of Fridley DATE: October 14, 1993 TO: Gary Lenzmeier, Deputy Director of Public Safety FROM: .Steven Barg, Planning Assistant. - SUBJECT: Property at 7396-98 Symphony Street N.E. Recently, you asked me for information regarding my involvement with the above referenced property. It is my understanding that the Fridley Police. Department has, conducted. some investigative work at -thin location. I have received periodic complaints about this property during the past 2-3 years. From a code enforcement standpoint, the primary issues raised have been as follows: 1. Possible operation of an unlawful home occupation (land- scaping business) 2. Outside storage of materials and equipment in the driveway 3. Storage of junk vehicles in the driveway 4. More than five unrelated adults living at 7396 Symphony Street N.E. (This would constitute a violation of the R-1 zoning requirements.) In addition, there have been two concerns raised which are primarily of a law enforcement nature. The first concern involves excessive on -street parking which several residents contest is creating problems near the intersection of 74th and Symphony Street and affecting use of on - street parking for themselves and their guests. I have discussed this matter with these residents and asked them to consider the possibility of requesting that the city post signs to prohibit parking at this location, but the residents do not wish to do this since it would restrict their own parking. Beyond this, I have instructed the residents to contact the Fridley Police Department should they observe parking which creates a safety hazard at the intersection or in some other way. Property at 7396-98 Symphony Street N.E. October 14, 1993 Page 2 Finally, the other issue often raised which has law enforcement implications concerns the possibility of drug dealing at this location. At least three residents have expressed concern regarding the number of vehicles coming and going from this property and activity occurring at all times of the day and night. They strongly suspect that this individual is involved in drug trafficking from this residence but have never offered to me any evidence which is more concrete than the "coming. and going" of others at this.location.. I have informed them that I have passed on their concern to the Police Department, and I have asked them to contact the Police Department if they have any further information concerning drug activity at this address. •As of this time, .I am not pursuing ,any code violations at this r-esidence... I :did send *166:ter last month, but the violations have been corrected to- my. satisfaction, However, I do continue to' monitor this site • on a regular basis due to the past history of problems at this location. Feel free to call me at extension 595 if you have questions or wish to discuss this further. SB:ls CEM -93-83 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS 14-� THIS DECLARATION, rA4de this day of ��`��- , 1992, by MAwain , hereinafter ref e ed to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of real property according to the recorded plat thereof situated in Anoka County, Minnesota. The Blocks and Lots contained therein are as follows: The Southerly 36 feet of Lot 5, Block 5, Melody Manor. WHEREAS, Declarant intends to establish two family residential units on the aforesaid properties; NOW THEREFORE, Declarant hereby declares to the City of Fridley that all of the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of these properties, and which shall run with the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof and to the City of Fridley, Minnesota. ARTICLE I - DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings herein ascribed to them: Section 1. "Living Unit" shall mean and refer to any portion of a residence building situated upon the Properties designed and intended to use and occupy as a residence by a single family. Section 2. "Lot" shall mean and refer to any portion of land in the Properties upon which a Living Unit is situated, whether or not the same is a platted lot. Section 3. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those having a lien upon the property by provision or operation of law. Section 4. "Properties" shall mean and refer to the real property hereinbefore described. ARTICLE II - BUILDING AND USE RESTRICTIONS Section 1. Residential Use. No Lot or Living Unit shall be used except for residential purposes. Section 2. No Noxious Activity. No noxious or offensive activities shall be conducted on any Lot or Living Unit, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners or to the City of Fridley. Section 3. Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. Section 4. No Animals Except Pets. No fowl, animals, or insects shall be kept on any Living Unit or Lot except dogs, cats, and other common household pets, provided that they are not kept, bred, or maintained for any commercial purposes. Section 5. Prohibited Structures. No structure of a temporary character, trailer, basement, garage, or other building except a permanent residence, shall be used on any Lot at any time as a residence, either temporarily or permanently. Section 6. Hazardous Activities Prohibited. No Owner shall engage in -or permit any activities in his/her Living Unit, or maintain or permit any conditions in his/her Living Unit, which would be considered extra -hazardous by fire insurance companies or would adversely affect the insurability of the Living Unit which shares a party wall with his/her Living Unit. ARTICLE III - PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit upon the Properties and placed on the dividing line between two (2) Living Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Article, the general rules of.law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 2. Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to their ownership and use. 2 Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any Owner who has used the wall may restore it, and shall have an easement over the adjoining Living .unit for purposes of making such restoration, and if other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any Owner who by his/her negligent or willful act, causes any party wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the party wall from damage caused by such exposure. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the Lot and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. If either party refuses or fails to promptly appoint an arbitrator, the same may be.appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. Section 7. Encroachment. If any portions of a Living Unit or any Lot shall actually encroach upon any other Lot, or if any such encroachment shall hereinafter arise because of settling or shifting of the building or other cause, there shall be deemed to be an easement in favor of the owner of the encroaching Living Unit to the extent of such encroachment so long as the same shall exist. Section 8. Mechanics Liens. Each Owner of a Living Unit ("Defaulting Owner") agrees to indemnify' and hold harmless the Owner of an adjoining Living Unit for any mechanics' liens arising from work done or material supplied to make repairs or replacements for which the Defaulting Owner is responsible. 3 ARTICLE IV - OTHER PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS OF ADJOINING LIVING UNITS Section 1. Insurance - Replacement. Each Owner shall maintain fire and extended coverage insurance on his/her Living Unit in the full replacement cost thereof and shall, in the event of damage to or destruction of his Living Unit, restore it to the condition in which it was prior to the damage or destruction, and each owner shall file a copy of said policy of insurance with the other parties sharing the "Party Wall". Section 2. Maintenance. Each Owner of a Living Unit `shall maintain his/her Lot, and the exterior of his/her Living Unit in good condition and repair and in a clean and neat condition and subject to all the conditions hereinafter set forth in Section 3 and in accordance with all City Codes and ordinances. Section 3. Architectural Control. (a) The Owner of a Living Unit may replace exterior components of his/her Living Unit with similar components of the same design and color, and may paint the exterior of his/her Living Unit with paint of the existing.color of the exterior, but he/she may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction, employ different siding or roofing. material or a different color scheme, without the consent of the Owner of the adjoining Living Unit and of the City Council of the City of Fridley. (b) In the event of any dispute arising concerning a change in siding or roofing material or color scheme, each party shall choose one arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive on the question involved. The Arbitrators' decision shall be based on their determination as to whether the proposed siding or roofing material or color scheme is in harmony with the design of the adjoining Living Unit. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be borne equally by the parties. (c) The City of Fridley.shall be notified in writing at least 30 days prior to any. arbitration hearing and shall have the right to present evidence regarding any architectural disputes in order to protect the health, safety, and general welfare of its residents and the property values of the neighborhood. 4 ARTICLE V - GENERAL PROVISIONS Section 1. Enforcement. Any Owner or the City of Fridley shall have the right to enforce, by any proceeding at law or'in equity, or both, all of the terms and provisions of Article II and Article IV of this Declaration, and the Owner of the Living Unit shall have the right to enforce, by any proceedings at law or equity, or both, all of the terms and provisions of Article III and IV of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The City of Fridley shall not be entitled to recover damages but may obtain an injunction or restraining order to protect the public health, safety, and general welfare. Section 2. Severability. Invalidation of any of these covenants by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Section 3. Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Lots and approved by the City Council of the City of Fridley has been recorded, agreeing to change said covenants in whole or in part. 5 INA7, SS WHEREO , the parties have hereunto set their hands this ��'�J day of �'� , 1992. by its The foregoing instrument was acknowledged before me this %3 day of �cvh� , 1992, by Moharram Akbari, a married person. UMffNotary Publ4c At� OMMA y cS KS fAtIM CitQy of Fridley by _U)j` William J. Nee Mayor William W. Burns - City Manager State of Minnesota ) ) ss - County of Anoka ) On this /6 day of -QOuct , 1992, before me, a Notary Public within and for aid Coun , personally appeared William J. Nee and William W. Burns, to me personally known, who, being each duly sworn, they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said unicipal't by authority, of it ouncil, and said .. and Gt/C QQ.c =acknowledged said instrumenf to be the free act of said muiicipality. Notary Public AAA Is MJIAAA—AAB, AC�AA3iw.�C.Sf ROBERTA COLLW3 NOTARY PUaX • STA MWM ANOKA COUNTY 1 0M Comnf. EqL OcL M,100 YY111► CENOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450. FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Mark Akbari 8809 Tyler Street N.E. Fridley, MN 55432 Dear Mr. Akbari: July 25, 1991 On July 22, 1991, the Fridley City Council officially approved a resolution approving a lot split, L.S. #84-13, to split off the southerly 36 feet of Lot 5, Block 5, Melody Manor, to allow a double bungalow to be sold individually, the same being 7396-98 Symphony Street N.E., with the following stipulations: 1. Payment of the park dedication fee. 2. Submit to the City a declaration of covenants for the property. Enclosed is a certified copy of the resolution in order for you to record the lot split at Anoka County. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy 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 August 8, 1991. Concur with action taken APPLICATION TO THE BOARD OF APPEALS' AND CnY CtVGt& FOR SPECIAL USE PERMIT, VARIAHCE T33 REQUIREENaS OF CERTAIN. ORDINANCES OF THE CITY OF FRIME'Y (Applicant to complete items 1, 2, 3) 1. Name and Address of Applicant John D. Joanne L. Christenson 929 Cross -Street Anoka, Minn. Roger D. & Joanne M. Christenson 1917 131st Avenue N.W. Coon Rapids 4Q/ - M -/ - Z. Legal Description of Property (also general locatic:a, such an "no2'eh- east corner of 64tH Avenue and 5th Street1O or 6615 fifth Street") Lot 5, Block 5, Melody Man -Dr The Corner of 74th Avenue _& S m hon Street N.E. 0 3. Describe the variance requested. (Atitaeh Plat or Saxer of Pt'o"Tty shoring location of proposed building, etc., alga adjoinLng propattiee and ownership within 200' of said property.) 4. Comments by admthistrative official denying original request for buildinS •Perwit or other permit. (To be completed by admin!strativa offici.-:l. Appropriate or&inances and section of ordinancov, to be cited,) ® 2 �. 30tiet of Nearing appeared in Official Newspaper on the following dot": cs►� r, s � � . �� ��� � �.o i_ (mot be at least once 10 days before meeting copy of notice to attached) . io Board Members notified of meeting by �--4QL/.'� /�%%2/ (List H t ere® Date Notified, and "?es" or "Nd' for toatto hearing) . a a®fte Following Board Members and interested parties vers presant at the OTHER PARTIES: NAME 3 - ADDRESS ll.• ction by City Council and Date: 92.21, a REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 4 CONSIDERATION OF SECOND READING OF AN ORDINANCE REPEALING CHAPTER 19 "USED MOTION by Councilman Breider to table this item to the Meeting of December 4, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously, REPORT ON METRO COUNCIL ACTION OF OCTOBER 12, 1972 & CONSIDERATION OF REQUEST OR COOPERATION TO JOINTLY PROCEED WITH LEGAL ACTION AGAINST THE ETROPOLITAN COUNCIL BY THE ADVERB Y AFF CTED MUNICIPALITIES': Tabled '11-6-72) Councilman Breider said it appears the new situation outlined by the Metro- politan Council will increase Fridley's 1973 sewer charges by some $67,000, and that it looks like the suburban areas are to be taken again. MOTION by Councilman Breider to become a party to the lawsuit with a maxi- mum of $1500 allocated toward this endeavor. Seconded by Councilman Mittel stadt, Mayor Liebl asked the City Attorney if this was his recommendation. The City Attorney replied that it was, & that $1500 is a very small sum con- sidering the amount of money the Metro Council is talking about. If more is needed, he would come back for further authorization. THE VOTE UPON THE MOTION,being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 8, 1972: SPECIAL USE PERMIT REQUEST SP 072-15, BY LEE M, MUGGLI: Construct an accessory ouilding and keep ex st ng garage per Coe 45.061, 2A in an R-.2 zone on Lot 5 & South 35 feet 8f Lot 4, Block 8, Hyde Park Addition (6030 2nd°Street) The City Engineer reported the Planning Commission recommended a. proval sub- ,iect to the addition conforming to the architecture and finish 0;' the outside of the existing house and that the existing garage be in good cMdition, This is. in R-2 zoning. MOTION by Councilman Mittelstadt to concur in the approval of the request by Lee Mm Muggli subject to the Planning Commission's stipulations. Seconded by Councilman Breider, UpQn a voice Yotea all ayes, Mayor Liebl declared the motion carried unanimously, The City Engineer reported Item #2, a request by Phillips Petroleum Co, for a Special Use Permit, is continued by the Planning Commission, SPECIAL USE PERMIT RE UEST SP #72-17 BY 0E WAYNE LENNOX: Lot 6, Block Melody Manor , vacant, zone 4 of zone -2.Request to build a double bungalow per City Code 45.051, 30 on Lot 6 (R'l) & dot 5 (R-2) Block a, Melody Manor, The City Engineer reported that this is a request to build a double bungalow and because of the applicants reluctance to compromise, the Planning Com- mission denied the request, REGULAR COUNCIL MEETING OF NOVEMBER 209 1972 PAGE 3 a three year contract would be beneficial to the City of Fridley. As the bids came in, this fact became apparent. The three year bids on both the retrospective basis and the sliding scale were the lowest. He would re- commend the three year contract because of the lower cost and also it would require less administrative time and the City wouldn't require his services as often. Mayor Liebl said that he noted in the recommendation that there would then be instituted a safety program. Mr. Shanley said yes, the insurance could be purchased on the proviso that Fireman's Fund will guarantee a minimum of four safety meetings annually. It has been apparent that Fridley's ex- perience has been excellent in some years and not so good in other years. It is hoped that the safety program would help to alleviate some of the accidents that have happened and reduce the overall cost to the City. Mayor Liebl asked about the coverage; not only should the bids be examined from the standpoint of low cost, but also good coverage. Mr. Shanley said that all the companies bidding are reputable companies licensed to do business in the State of Minnesota and there was very little to consider along those lines, they all give good coverage. Each company is capable of giving Fridley the service requested. He added that the rates should go down during this three year period, barring another unfavorable loss. Mayor Liebl asked the Purchasing Agent, Mr. Gordon Middag, if he concurred in the recommendation and Mr. Middag replied that he did. MOTION by Councilman Mittelstadt to accept the bids and award the contract for workmen's compensation Insurance for three years to P.M. Endsley, the Sliding Scale Dividend Plan in Fireman's Fund, with a maximum three year premium of $84,249. Seconded by Councilman Utter, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ORDINANCE #524 - AN ORDINANCE AMENDING ORDINANCE #435 RELATING TO THE SALE MOTION by Councilman Breider to adopt Ordinance #524 on second reading, waive the reading and order publication. Seconded by Councilman Mittelstadt. Upon a roll call vote, Mittelstadt, Brqider, Starwalt, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Broider to adopt Resolution #1351973. Seconded by Councilman Utter. Mayor 001 wanted to make certain the three lots in Hamilton's Addition to Mechanicsville are to be held and that the -assessments on these lots in the resolution are to be paid to the City. The Finance Director replied yes tc, both qupstions, THE VOTE UPON THE MOTION, being 4 voice vote, all ayes; Mayor Liebl declared the motion carried unanimously, REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 6 Mr. Lennox said that he could build a double bungalow on Lot 5 and he would sell his other bungalow.- He said he has paid taxes to Fridley for a number of years, and he could not see why these people should be able to dictate to him, how he should situate his house on his lot, and that he thought the men on the Council would settle this question more intellectually. Some of the people he questioned preferred his placement of the house and wanted it facing 74th. He said this was a beautiful place for a double bungalow. He said that he could still bui;<d his double bungalow on Lot 5 and put a single family home on Lot 6. Councilman Breider replied that would be fine, there would-be nothing wrong with his building a double bungalow and a single family home; go ahead and do 7t. Mayor Liebl asked the City Manager to write to Mr. Lennox explaining the Council feeling and his rights in regard to the use of these lots. VACATION REQUEST SAV Ir72-05, BY L.EIF HENRiKSEN: To vacate 64 1/2 Way, the cul-de-sac in Veit's Addition and*construct"it as a private roar. MOTION by Councilman Mittelstadt to set the pudic he:.rina for this'vacation request for December. 11, 1972. Seconded by Counciiiiar Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer reported that the next four items of the Planning Com- mission required no Council action at this time. COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY: The City Engineer said that the Planning Commission will be setting their Public hearing dare at their meeting of November 22nd, so they would appre- ciate any comments or suggestions from the Council prior to the plan being presented to the public. MOTION by Counci;i,san Mittelstadt to receive the Minutes of the Planning Commission Meeting of November S, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. r $RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 14, 1972: The City Engineer reported that Item #1, a request for a variance by Mr. Lee Simonson, is still pending before the Board. A REQUEST FOR VARIANCES OF: SECTION 45.134,4C, TO REDUCE THE REAR YARD Qit QUIREMENT FROM 25 FEET TO 5 FEET, AND SECTION 45.135,1E,1, TO AL. .OW C w+. ...v' v a. ' '"L' _)�' I l'J" `FJ . I J:d , 1 1 ,"}D , It.,' EDUCE THE F00 GE F H DRIVEWAY PAVEMENT il; BE AWAY FROM THE M_Dr BUILDING FROM—E R FEE , TO ALLOW THE 7NS RUC I ^: _)F A — STGR7VG__E3FD`D_1TfON TO AN EXISTING BUILDING LOCATED ON LOTS 32_ THRU 38, s OCK 5, SPRING BROOK FAXK _ DDI ION, THE SAME BEING 140 LIBERTY STREET ='TION by Councilman Mittelstadt to approve the variances subject to the Boaro' s stipulations, which were to screen the residentiGj property with fencing and that the plans are to be approved by the Building Standards - Design Control •. 5 REGULAR COUNCIL MEETING OF APRIL 3, 1972 PAGE 11 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TQ REDUC4 THE MINIMUM SIDE YARD REQUIREMENT FROM 10 FEET TO 3 FEET TO ALLOW THE CON- n'�Tni. T •STRUCTION OF AN ADDITION ONTO AN EXISTING DWELLING LOCATED ON LOTS 21, 22, 23, 24, 25 & 26, BLOCK Q, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 8215 RIVERVIEW TERRACE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROBERT P. DOHERTY, 8215 RIVERVIEW TERRACE N.E., FRIDLEY, MINNESOTA): The Engineering Assistant said this request is for a side yard variance for a house located on Riverview Terrace. The existing house is 3' from the lot line and the request is to maintain the same sideyard on the addition. MOTION by Councilman Mittelstadt to approve the variance requested by .Kr. Robert Doherty subject to the stipulations that some consideration be given to elimi-q nation of a fire hazard and that there be no windows or an overhang on the north side of the addition. Seconded by CounciLaan Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried, unanimously. Y3: A REQUEST FOR A VARIANCE OF SECTION 45.063, 4B, 4A, TO REDUCE THE SIDE YARD WIDTH ON A STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 12.5 FEET TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 5, BLOCK 5, MELODY MANOR ADDITION, THE SAM BEING 7396 SYbLPHONY STREET N.E., FRIDLEY, MINNESOTA.. (REQUEST BY JOHN D. CHRISTENSON, 929 CROSS STREET, ANOKA, MINNESOTA): The Engineering Assistant reported this building would be located on the corner of 74th and Symphony and is zoned R-2 (double bungalow). He then presented a plot plan and the plan for the building on the easel. The neighborhood has presented a petition in favoX of the,building as presented. PETITION #2-1972 - TO APPROVE THE VARIANCE REQUEST BY JOHN D. C.HRISTENSON FOR PROPERTY LOCATED AT 7396 SYMPHONY STREET N.E., WITH THE CONDITION THE CONSTRUCTION BE IPT ACCO CE WITH THE PLANS SUBMITTED TO THE CITY OF i- FRIDLEY: MOTION' -.by Councilman Mittelstadt to receive Petition #2-1972 dated March 28, 1972 and received this date. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The Engineering Assistant explained that there is to be a single car garage on one side of the double bungalow and a double car garage on the other side. The Code requires four parking spaces, therefore, the neighbors would like the fourth parking space in some inconspicuous place in the back yard. The side yard set- back would be 12.5 feet. The variance is to reduce the required side yard frog 17.5' to 12.51. Councilman Breider asked if he meant that it would just be a piece of pavement in the back yard and the Engineering Assistant replied yes. Councilman Breider said as a practical matter, the fourth parking stall would.he in the driveway the same as for single family dwellings with a one car garage having two cars. The Engineering Assistant said that is probably the way it would work, however, to meet the Code, they must provide four parking stalls. He said that this area may become a place to park a boat, snowmobile etc. Mayor I,iebl commented that this looks like a good plan, they use brick � way up the building. He agreed with the comment in the minutes, that he would hate to see a good plan sacrificed just because of a fourth parking stall. MOTION by Councilman Breider to concur with the recommendation of the Board of AP eals and approve the request for a variance by John Christenson, subject to th Board°s stipulations. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CITY OF FRIDLEY _PETITION COVER SHEET Petition No, 2-1972 Date Received. Apri1.6, 1972 object Variance of Section 45.063, 4B and 4A to reduce the side yard width on a street side of a corner lot from 17.5 feet to 12.5 feet to allow the construction of a two family dwelling on Lot 5, Block 5, Melody Manor .Addition, the same being 7396 Symphony Street Northeast. Petition Checked By Date Percent Signing Referred to City Council Disposition March 28, 1972 We, the undersigned, petition the Board of .meals and the City Council of Fridley to approve the request for a "variance of section 45.06.3, 4.3, 4.1, to reduce the side yard ;Adth on a street side of a corner -lot From 17.5 feet to t2:5 feet to allow the construction of a two family dwelling r on lot 5, !ilock 5, t."lody manor ,edition, the same being 7396 Symphony Street N.r., Fridley, Minnesota," with the condition that John D. C%risten--on 929 -ross Street 1noka PIinnesota erect the two family f dwelling in accordance with the plans already submitted to the City of Fridley (e.g. 'juilding Inspector). tiDD'R r3S 3 - - i March 28, 1972 We, the undersigned, petition the Board of .meals and the City Council of Fridley to approve the request for a "variance of section 45.06.3, 4.3, 4.1, to reduce the side yard ;Adth on a street side of a corner -lot From 17.5 feet to t2:5 feet to allow the construction of a two family dwelling r on lot 5, !ilock 5, t."lody manor ,edition, the same being 7396 Symphony Street N.r., Fridley, Minnesota," with the condition that John D. C%risten--on 929 -ross Street 1noka PIinnesota erect the two family f dwelling in accordance with the plans already submitted to the City of Fridley (e.g. 'juilding Inspector). tiDD'R r3S 3 - - The Minutes of the Board of Appeals Meeting of March 28, 1972 Page 3 Mr. Sondheimer asked why the building Mr. Williams will build has to be so close to the existing dwelling. Mr. Williams said that with a 50 foot lot you don't have to much choice. He said he doesn't wish any hardship on Mr. Doherty but he is concerned about building on his property. Mr. Sondheimer asked what the north wall of the house and addition will be covered with. Mr. Doherty said the outside wall will have wood shingles. MOTION by Harju to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish asked Mr. Doherty if he had planned any windows on the north side of the addition. Mr. Doherty said they had planned to have 1 window. The existing dwelling has 4 windows on that side. Mr. Sondheimer stated he was concerned about the position of the garage to the adjacent dwelling and making it safe in case of fire. This could be especially dangerous with wood shingles. NOTION by Wahlberg to recommend to Council approval of the variance if consideration' if given to eliminate the fire hazards. Mr. Harju added the stipulation that there be no windows or overhang on the north side of the addition. I • Seconded by Rarju. Upon a voice vote, there being no nays, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 45.063, 4B, 4A, TO REDUCE THE SIDE YARD A T ATT TTTL er, The Minutes of the Board of Appeals Meeting of March 28, 1972 Pane 4 Mr. J. Christenson stated they proposed to put up a nice looking double dwelling on this lot. All the code requirements are met except for the one side yard. He said they could put up a different type of bungalow that would meet all the codes but it wouldn't be as nice looking as the one that they propose. Mr. Lennox said he had wanted to buy this lot and build a double bungalow on it but the City Assessor had told him that this lot had only 9,770 square feet. Mr. Christenson said he had discussed this plan with the City Engineering Assistant and they agreed there was 10,380 square feet. He said they are building a double garage on one side of the dwelling and a single garage on the other side but they also have to have a parking space or carport in the rear yard to meet the code. They haven't decided exactly where the parking space would be yet but they do know they have to have the parking space. Mr. Belisle added the parking space would have to be 25 feet from the property line so the car would not be parked on the boulevard. Chairman Minish stated it is not the Boards responsibility to check the area of the lot, that is the responsibility of the Building Inspection Department or the Engineering Department. If there is an error in the lot area, the applicant would have to come back for another variance request. The Board is only to act on the 5 foot variance that is asked for at this time. Cynthia Schreiner came forward and presented a petition to the Board. The petition stated the 13 surrounding property owners who had signed the petition wished the Board to grant the variance but only if Mr. Christenson built the dwelling according to the plans that were submitted to the Board. MOTION by Wahlberg to receive the petition. Seconded by Crowder. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Crowder to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Crowder said he was concerned about the 4th parking area as it meant 1 drive off from 74th and 2 drives off from Symphony. He didn't know if this was bad or not. They could put a smaller dwelling on the lot to meet the codes but he wouldn't want to see a box like building built there. ,Mr. Harju said he would hate to sacrifice a building like this for the matter ,of 1 parking space but he felt the Board would feel more comfortable if this problem was resolved. sa Mrs. Wahlberg said she likes the basic plan for the dwelling but she wouldn't " want the extra parking area to be unsightly to the neighborhood. 4. The Minutes of the Board of A22eals Meeting of March 28, 1972 Page 5 MOTION by Sondhei.mer to approve the variance from 17.5 feet to 12.5 feet under the contingency that the 4th parking space (10' x 201) be positioned in a suitable place in the back yard. Also the variance be approved with the stipulation that the plan be used that was shown to the Board. Seconded by Crowder. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Bob Schroer was present to present the request. Pictures of the existing pylon sign and a sketch of the proposed sign addition were shown to the Board. Mr. Schroer stated he is asking for an extension onto the existing sign. The extension will be a 4.4 foot by 10 foot sign to go on top of the existing sign. It will be the newest type of sign as it is a remote control sign that '.s controlled from inside of the store. There are 4 lines of 12 modules each. Each module has the letters of the alphabet on it. The sign is double faced but will not rotate. The sign is leased from the company and not purchased. Mr. Schroer added they also need a height variance as the gas station, sign on the corner hides there existing sign somewhat. The Board asked if the signs on the building would come down if this sign was approved. Mr. Schroer said there are 2 separate coup anies at this location, Bob's Produce Ranch and Green Giant. Both companies might be using the existing pylon. He said he could not speak for Green Giant but he thought the signs attached to the wall would come down. Chairman Minish stated that as he understood the code, all signs that are non -conforming would have to come down after 1974. Mr. Belisle said he didn't think this sign would be considered non -conforming if Council approved the request. Mr. Schroer said if it had to conform in 1974 then part of the sign would be taken down. Mx. Crowder asked if the new sign would have 2 poles as the existing sign has, Mr. Schroer said the poles from the existing sign would be extended for the new sign. The sign plus the poles will have the western motif. The sign will be strictly a message sign and will run from 6:00 A.M. to 12:O0 PX The Board asked how large each module was and what was the distance from which the sign could be read. Planning Commission Meeting ember S. 1932 Page 4 Mr. Rlaverkamp answered that as far as back up is concerned, we can only speculate how much busines tl-er^ will be. A,. cess it ;:.,- your property off Mississippi, but the stacking would be on our property. . MOTION by Zoglen, seconded by Erickson, that the Planning Commission close the Pubfor lio Dearing of the request foa Special Use Permit, SP #72-16, by Phillips Petroleum Company. Upon a voice vote, all voting aye, the motion carried unanimously. Acting Chairman Fitzpatrick asked Mr. Clark if there were any recommenda- tiops by the City. The explanation was that there is an access as shown on the Southeast cor- ner just off University. Another entrance is just off Mississippi on the South- west corner and a third access on the Northeast corner of the lot. Mr. Clark then asked Mr. Palmquist if Phi].Ups Petroleum was considering closing off - the access on the Southwest scorner of the property. His answer was "no". Mx. Clark said one opinion was that there is the possibility of people trying to get in the station on the Southwest corner if they can't get on to the lot because of cars backed up. This .could effect the traffic on the saiVice drive. There is quite a bit of difference in a -r.cking room if you eliminate the Southwest entrance. Mr. Fitzpatrick said that if the people are encouraged to use the Eastern access, should the Western be closed off? Mr. Clark said that the concern would be the probability of someone backing out on the service drive: This type of car wash that we have seen in the City does not have a large volume of traffic. MOTION by Erickson, seconded by Zeglen, that the Planning Commission continue the request for a Special Use Permit, SP #72-16, by Phillips Petro- leum Co. until the meeting of November 22, 1972 in order, to give the members a chance tQ look at the station and also have the two absent members present. Upon a voice vote, all voting aye, the motion carried unanimously. 'r 3. PUBj1C HEARING: MQUEST FOR R SPECIAL USE PERMIT, SP #72-17, BY DE WAYNE LMOA: : Lot 6, Block 5, Melody Manor, vacant, zoned R-1. Lot 5 zoned R-2 Request to build a double bungalow per City Code 45.051, 3 D on L6t 6 (R-1) and Lot 5 (R^2), Block 5, Melody Manor. Mr, peWayne Lennox Jas present. MOTION by Erickson, seconded by Zeglen, that the Planning Commission waive the reading of the Public Hearing Notice for the request of a Special Use Permit, SP #72-17, by Aewayne Lennox. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Lennox explained he was panning to build a double bungalow on Lot 5, which is R,2 4on�r}g and to get a Special Use Fermtt to go on Lot 6, zoned R-1, �Vao4se the doub.lq bvngalow would go over on that lot. He wished to have the Planning Commission Meeting - ',N1ovembr--.� 8, 1972 Page 5 double bungalow face 74th Avenue instead of Symphony Street because it would then line up with hie other double bungalow. He would put a swimming pool on Lot 6. Mr. dark said that previously there was a petition for a variance on Lot 5 only. The variance was granted, but one of the provisions was that the double bungalow face Symphony Street. Mr. Lennox now feels that Lots 5 and 6 are large enough without having a variance. The building structure is basically on Lot 5 and part of Lot 6. Mr. Lennox said because a three car garage is required for a double bungalow, the garage will be put wherever he can get a permit for it. The garage entrance will be on the back of the house. Teary Reingardt, 7381 Symphony: His interest was in knowing exactly where the house would be placed on the two lots and how much it would go into Lot 6. Acting Chairman Fitzpatrick said the building is 33 feet North/South with a 35 foot setback. This would mean that most of the building is going to be on Lot 5. Darwin A. Beck, 7391 Symphony: He said they felt at this time a house of this nature should face Symphony. Now he is going to face it on 74th which would show the homes on Symphony the East end of his house and take up the vacant lot.next door which would be just what they have been looking at for three years. He felt it would ruin Symphony Street. He objected to the deep back yard. W. C. Mealoy, 7378 Symphony: His back yard would be the lot next to Lot 6 which is presently a single family lot. He would prefer to see a single family dwelling on this lot rather than his back yard facing his yard. Mr. Lennox said he could build a double bungalow on Lot 5 and a house on Lot 6. Thorwald Johannsen, 7358 Symphony: He said he didn't get a notice, but he lived right on the cornet' of the cul de sac. He just bought that house and paid a great price for it. He did not see why they have to change the R-1 zoning. The doubles to the North and West of him were not kept up very nice. If a house is rented, it is not kept up. He di4 not think the pro- posed building would increase the value of the surrounding property. ,Mr. Fitzpatrick said that the question seems to be resolving itself whether or not the multiple will be built on one lot or it would occupy two lots. The question before the Commission is the placement of such a building. Mr. Reingardt asked if the zoning of Lot- 5 made a difference in the requirements for a home being placed in any particular direction. Mr. Clark.explained the requirements are that the house is to be set so faT from the street 4nd that side yards do differ from the front yard' setbacks. r Planning Commissi' on Fleeting Nove*iLNaz� -8,, 1912 Page 6 Acting Chairman Fitzpatrick asked for a show of hands of the people in the audience who were here an this item ane ; 4 .;,�a,, The number was eight. MOTION by EricIcson, seconded by Zeglen, that the Planning Commission close the Public Hearing of the request for a Special Use Permit, SP #72-17, by DeWayne Lennox. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Fitzpatrick commented that the people who live on Symphony Street object to this large back yard. Mr. Lennox said that Lot 6 has a high water table. If you were to put a building on it, you would have to put in a lot of fill. Mr. Clark said that the feeling, -he gets was that the neighbors are object- ing to the building because it would not face Symphony. Mr. Lennox had chosen to face 74th Avenue Mr. Reimgardt said he could speak only for himself. His primary concern vias that they would end up with a very large back yard they'd all be peering into. If it faced Symphony, it would be less of an objection to him. Darwin A. Beek; If Mr. Lennox took the two car garage and faced Symphony,. he wouldn't object. Mr. Clark said he could build 35 feet off the South line and 35 feet off 74th Avenue. The front of the double bungalow would be 35 feet from the lot line plus 33 feet being the setback equals 68 feet. The South lot line would be 32 feet. Mr. Erickson said that Mr. Lennox keeps referring to the fact that the house would be further out if it faced Symphony. Mr. Clark said there would be ample space on both sides of the house If it faced Symphony. There would be 35 feet between the house at 74th Avenue and 35 feet between it and the South lot line of Lot 6. V Mx. Lennox stated he did not want to face Symphony. Acting ChairrAan Fitzpatrick said that in view of the great objection to the proppsal as it was presented here tonight, it seemed to him that every- one in the audience objected to the large back lot. 5 MOTION by Erickson, seconded by Zeglen, that the Planning Commission, in light of the opposition as far ae the public and their unwillingness to accept the structure oriented as the petitioner desires, and in view of the fact the petitioner does not wish to discuss changing the direction of the house, the request for a Special Use Permit, SP #72-17, by DeWayne Lennox to build a double bungalow on Lots 5 and 6, Block 5, Melody Manor be denied. Upon a voice vote, all voting aye, the motion carried unanimously.