Loading...
VAR 06.71APPLICATION TO THE BOARD 0F APPEALS AND CIi°Y CGMI.& FOR SPECIAL USE PERMIT, VARIANCE TV REQUYR MNIS OP CERTAIWOR DIMANCES OF TEM CITY OF FIRIME'Y (Applicant to complete items 1, 2, 3) g® game and Address of applicant . is -d1412 .Z. Legal Description of Property (also general locatica, such as,"north— east corner of 64th Avenue and 5th_ Street8° or 6/15 Fifth Street") . 5 - Z P14 r d141 'Ar Jrr. 0 11VC C. int/ .tl../..a /Jii — — ._ 1:1.1. A�A rIAa11..1_ 3® Describe the variance requested. (AtCach Plat ax SarVay of ftopetty showing location of proposed building, etc., alien adjoinLng properties and m-mership within 200' of said property.) PAr 10*4w 4. Ca=antz by administrative official denying original request for budding permit or other permit. (To be completed by adoin!strativa officiKl. Appropriate ord nnnces and section of ordinuncL4 to ire- cited.) -2- S. Notice of 3 ring appeared in Official Newspaper an the following datow t t be at least once 10 days before meeting -- c of notice to attached). i. Board Mwbars 'notified of meeting by - L / 9 0 92 (List Numbers, Date Notified, and /°yes°° dr ®®yd' or P a to &U-80-1— hearing). Uewh r ). a T. U �D do IU loll ng board Members and interested parties were present at the i t S111 12; LA 3 - OTHER PARTIES: NAME 4 w —4 A/rA A r �.�f ao a Pj s 9. Opinions and recommendations by BOARD OF APPEALS: (,t)�t_o D 10, For Above Recommendations Against•Recommandations 11.'kction by City Council and Date: REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 2 VISITORS: Mr. Carl A. Paulson: Mr. Carl Paulson read a letter aloud addressed to the Mayor and submitted it to the Council. The letter concerned filing a complaint against a traffic violator. Robert White, 6600 Fridley Street N.E.: Moon Walk: Mr. Robert White presented a tag he had received from the Building Inspection Department and asked what was the procedure he was supposed to follow. He said he had set up a Moon Walk in his back yard to patch it. He said he was not aware of any Ordinance against this. The City Engineer said there was a complaint to the Police Department on the Moon Walk in a residential neighborhood. it is against the Ordinance to operate a business in R-1. He said his understanding was that at some time Mr. White put it up and charged the neighborhood children to use it. This is a violation. There is the problem of liability in case someone should get hurt. Mr. White said he charged a fee about a month ago. The Police Department had talked to him and said there was no law against it, but they had the Building Inspection Department come out. Mayor Kirkham said the Administration takes care of ticketing enterprizes needing permits. There is no Ordinance against them but a permit is needed. He advised that he should apply for a permit. Councilman Breider asked if he could not set it up to fix it, if he did not charge a fee. The City Attorney said that the present zoning ordinance states that you cannot conduct a business in R-1 if it is visable to the neighbors. whether he was fikedsg the equip- ment on private property is at the discretion of the City. If he gut it up for a brief time to repair it, there is no -problem, but he must not operate it. The City Engineer told him he would be liable if someone got hurt. It is a violation to operate on residential property. The Council advised Mr. White he must comply with the Ordinance and asked him to stop in at City Hall for the permit needed. The City Engineer said that this is something new and an Ordinance does not cover this specifically, but they would request information such as how long it would be put up, what would be the hours, where, etc. It could not be operated in anything other than a caemercial area. Mr. Robert McGregor, 1315 June Avenue South, Re: 265 Stoneybrook Wa: s Mr. McGregor said that he was a former resident and hoped to be again. He said he was in the process of building a home on a difficult lot in Pearson's Craigway Estates by the creek. He had written the City Manager a letter and has applied for a variance of the front yard setback for the garage. Due to the difficult lot he is having trouble meeting the 35 foot setback for his garage. He can meet the requirement for the house. During the process of getting, or having the variance denied, he would like a building permit to start on his housed then depending on what the Board of Appeals rules, he will construct the garage. If the variance was denied he -,,would have to putin posts and pre -stressed slab for the garage. Setting the garage forward, there would still be about 15 THE MINUTES OF THE REGULAR COUNCIL, MEETING OF JUNE 21, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. *NVOCATION: Reverend Bergren, Redeemer Lutheran Church, offered the Invocation. Mayor Kirkham called the Regular Council Meeting of June 21, 1971 to order at 7:45 P.M. ROLL CALL: MEMBERS PRESENT: Harris, Breider, Kelshaw, Kirkham, Liebl MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 7, 1971: MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of June 7, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF JUNE 14, 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Special Public Hearing Meeting of June 14, 1971 as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE BOARD OF EQUALIZATION MEETING OF JUNE 16, 1971: MOTION by Councilman Breider to adopt the Minutes of the Board of Equalization Meeting of Tune 16, 1971 as presented. Seconded by Councilman Liebl. Upon a voice vote,'all voting aye, Mayor Kirkham declassed the motion carried unanimously. , r Mayor Kirkham said the following items are to be added: Consideration of extension of sanitary sewer on Gardena Avenue. Receiving letter from Robins,' Mivis & Lyons re: Consolidated Container Corp. (Project #93). MOTION by Councilman Braider to adopt the Agenda as amended. Seconded by Councilman Harris. Upon.a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, s WGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 3 courses of block. He understood that the Code states that there cannot be a residential home built without a single garage. When he requested a building permit for the house he was refused because the variance for the garage was pending. Councilman Harris asked him if he wanted to proceed immediately with the house. Mr. McGregor said yes. He said that the variance is scheduled for their next meeting, but he would like to start work on the house in the meantime. MOTION by Councilman Harris to approve the building permit for.the house at the normal setback. When he is to pick up his pewit, he is to submit a signed letter of intent for the construction of the garage. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 0 Leslie Vasseur, 5096 Topper Lane: CM21aint on Licenses.229yi.red for Dogs, But Not Cats: Mr. Vasseur said that he was here regarding a letter he received the lst part of June in regard to the $5 license for dogs, regardless of whether they are kept on their own premises. He felt the license fee was quite stiff, especially when the cats are allowed to run free. He said it should be $3 for dogs and $2 for cats. Councilman Harris said that at the request of many people in the community there was an attempt to strengthen the Ordinance on dogs and increase the patrolling for stray dogs. He was talking about dogs that are allowed to run loose, but the City has to have some mandatory license program. The City has more than doubled the surveillance on dogs. There is a problem, fairness does not necessarily come with the fee. The City does not know in each individual case whether the dog is confined on the property most of the time, but some guidelines must be set. The complaints received by this Council are 99% complaints on dogs. To keep stray dogs from running loose, the Ordinance was needed. Mr. Vasseur said that it was mentioned about branding the dogs. He felt that would be a good idea. Councilman Liebl said that what was discussed was tattooing the paws. This could never be lost like a tag and the owper could always be found. There were two children bitten by stray doge and thay had to undergo the shots, which are quite painful. There were 400 dogs picked up in 1969. He agreed that the cats running loose can be a problem too, and there are complaints by bird watchers on the cats killing the birds. Mayor Kirkham said the Council would take this under advisement. It can be discussed again at the end of the meeting or put on the Agenda. Mr. Vasseur asked that it be put on the Agenda. Councilman Liebl said that some people misunderstood the letter that was sent out, as in one place it talks of a license and in one, a permit. They thought they needed both. REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 4 It Mr. Connie Rallis, Shorewood Lounge: Mr. Rallis came forward to present the Council with $42,300 which he said was the balance of the down payment for Shorewood Lounge. He said he would like to discuss the off -sale with the Council. They are very flexible in regard to the five year lease. If the City has a change in plans, he would be willing to discharge the obligation on the off -sale lease. He said he had talked to Mr. Gibson in regard to building an off -sale facility on his property for the City. He then handed out copies of a letter he received from the Finance Director. He said that he was willing to let the City stay as long as they want or if they acquire Mr. Gibson's property and build a building and arrive at a reasonable rent the City could move as soon as it was built. MOTION by Councilman Kelshaw to receive the $42,300, the balance of down payment for Shorewood Lounge. Seconded by Councilman Liebl. Mr. Rallis said that he would like to ask for a liquor license. He thought it was advisable to get in there as soon as possible and would like to start work immediately. The Finance Director said that he would go over this with him the next day. He added that he had already started the process of getting his liquor license. The City Attorney said that the formal way of transferring -property is by Ordinance according to the City Charter. As soon as both parties are satisfied, that Ordinance will be read. Mayor Kirkham asked Mr. Rallis to work with the City Attorney on this. THE VOTE upon the motion, basing a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PUBLIC HEARING ON REZONING REQUEST, ZOA #71-04,. BRYANT INVESTMENT COMPANY, WILLIAM BARBUSH: (Area along University Avenue South of 83rd Avenue) The City Engineer said that this request was for a change in zoning from M-2 to commercial and showed the area on the screen and said it was just south of 83rd Avenue. He added that there was some discussion on this item under the Planning Commission Minutes on Pages 29 and 30 of the Agenda. The Planning Commission had continued their hearing. Mayor Kirkham asked if there was anyone present in the audience that wished to speak, with no response. The City Attorney asked if this was only south of 83rd Avenue. The City Engineer said yes, the area north of 83rd has been com- pleted. This is where Viking Chevrolet rezoned. He added that to the south is the golf driving range. Councilman Liebl commented that Roger Jones was given a five year option on the golf'driving range. MOTION by Councilman Kelshaw to close the public hearing on the rezoning request ZOA #71-04, Bryant Investment Company. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:25 P.M. June 23, 1971 Robert A. Minish Chairman Board of Appeals City of Fridley Fridley, Minnesota Dear Mr. Minish: We have received your notice that there has been a request to reduce the minimum front yard setback requirement from 35 feet to 20 feet to allow the construction of a garage. We understand that this garage would be placed ahead of the dwelling to be constructed on lot 10, block 7, Pearson's Craigway Estates 2nd Addition, the same being 265 Stoney- brook Way Di. E. We who live in the area feel that any reduction in the setback would detract from the area and as a result, are very much opposed to this change in the City Code. All of the homes built on the street have had to comply with the Code and we feel that the Code must apply equally to all concerned. The following people signing are of this opinion. Yours truly, Ll =r J r i ADDRESS r of Ii OFFICIAL 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, June 29, 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 requirement from 35 feet to 20 feet to allow the construction of a garage, to be placed ahead of the dwelling, on Lot 10, Block 7, Pearson's Craigway Estates 2nd Addition, the same being 265 Stonybrook Way N.E., Fridley, Minnesota. (Request by Mr. Robert McGregor, 2828 -5th Avenue S., Minneapolis, Minnesota.) Anyone who desires to be heard with reference to the above item may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS June 17, 1971 City Manager CITY OF FRIDLEY 6431 University Avenue Northeast Fridley, Minnesota RE: Building Permit -- Residence for Mr. & Mrs. Robert L. McGregor Lot Ten, Block Seven, Pearson's Craigway Estates Second Addition Anoka County Sir: The above described property is extremely difficult to build a residence on and meet the setback requirements of the city. At the minimum setback of thirty-five feet, the garage portion of the proposed residence will be half way down a steep bank falling to the creek. At present, I have submitted the proper application requesting a variance for the detached garage to move forward fifteen feet. With the time required persuant to this variance being acted upon, it will delay construction of my residence until July 14, after the next Council meeting. I would like to submit my plans for a permit on the house during this next week. If possible, the house could then be under construction while the variance was pending on the garage. If the variance is not granted, I will comply with the code setback. This will, however, be a very expensive measure. We wish to enroll our children in the Fridley schools this fall. This is our main concern to expedite the building. I will attend the meeting Monday, June 21. Thank you for your consideration. (I o -g, . W 0 Robert L. McGregor (�G) RLM/gl cc: Virgil Herrick Attorney, City of Fridley OFFICIAL 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, June 29, 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 requirement from 35 feet to 20 feet to allow the construction of a garage, to be placed ahead of the dwelling, on Lot 10, Block 7, Pearson's Craigway Estates 2nd Addition, the same being 265 Stonybrook Way N.E., Fridley, Minnesota. (Request by Mr. Robert McGregor, 2828 -5th Avenue S., Minneapolis, Minnesota.) Anyone who desires to be heard with reference to the above item may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS I OFFICIAL 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, June 29, 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 requirement from 35 feet to 20 feet to allow the construction of a garage, to be placed ahead of the dwelling, on Lot 10, Block 7, Pearson's Craigway Estates 2nd Addition, the same being 265 Stonybrook Way N.E., Fridley, Minnesota. (Request by Mr. Robert McGregor, 2828 -5th Avenue S., Minneapolis, Minnesota.) Anyone who desires to be heard with reference to the above item may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS N? 16905 Building Job Report ADDRESS OWNER BUILDER DATE PERMIT NO. DESCRIPTION INSPECTION RECORD DATE REPORT OWNER - REP. INSPECTOR Date Time WHILE YOU WERE OUT M Of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Operator EFFICIENCYO LINE No. 2725 - 60 SHEET PAD r THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 29, 1971 The meeting was called to order by Acting Chairman Drigans at 7:30 P.M. MEMBERS PRESENT: Drigans, Harju, Sondheimer, Wall MEMBERS ABSENT: Minish OTHERS PRESENT: Clarence Belisle -Building Inspector MOTION by Sondheimer to approve the June 15, 1971 minutes as written. Seconded by Harju. Upon a voice vote, there being no nays,the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIMN CITY CODE, TO REDUCE THE Mr. McGregor was not present at this time. Acting Chairman Drigans stated the Board would wait until Mr. McGregor arrived or until 8:00 to discuss the request. Mr. Roger Jolicoeur, 245 Stonybrook Way and Mr. Kenneth Reinhart, 187 Stonybrook Way, were present to voice their objections to the request. Acting Chairman Drigans at 8:00 asked Mr. Jolicoeur and Mr. Reinhart to come forward to state their opinions on the request as Mr. McGregor _had not arrived. Mr. Jolicoeur stated that his house is next door to Lot 10. The neighbor on the other sidq of Loa 10, Mr. Bessesen, was not able to attend the meeting, but Mr. Jolicoeur stated they both felt theiproposed position of the garage would be very detrimental to them as their homes are placed back 35 feet. He further stated that when his home wasp built the 8 foot portico on the front had to be set back 35 feet so the main part of the house is set back about 43 feet. Another point for objecting was that they have now been able to see the children get on the school bus at the corner of Stoneybrook Way and East River Road but if the proposed garage was built, the view to the corner would be blocked off. Mr. Reinhart stated that the property owners have a "Protective Covenant" and he wondered if this covenant has any power. He read a portion of this covenant that read: "No detached garage may be erected upon any of the foregoing described premises except upon lots in Block one, two and three of Pearson°s Craigway Estates 2nd Addition, Anoka County, Minnesota and except upon lots upon which two-family double bungalows may be erected thereon as herebefore provided." The Board asked Mr. Belisle if this covenant was to be enforced by the City. Mr. Belisle stated it was his understanding that the City could not hold Mr. McGregor to the covenant; that mmld be up to the property owners. He said the City Attorney really should be the one to answer that question. There was then a discussion on the contents of the "Protective Covenant" f. o' The Minutes of the Board of Appeals Meeting of June 29, 1971 Pace 2 Acting Chairman Drigans-asked if they would still object if the garage was built back 35 feet. Mr. Reinhart and Mr. Jolicoeur stated they would not. Mr. Reinhart stated that there is a bend in Stonybrook Way, the farthest out portion being at Lot 10 so in looking down the street this garage would stick out quite noticeably. Mr. Jolicoeur stated the overall appearance of the block is a pretty tangible thing and the desirability of this area is that the houses are evenly set back and it is a nice area. Mr. Reinhart presented a letter, dated June 23, 1971, addressed to Mr. Minish and used as a cover letter of a petition. The letter states the people who have signed are against the request for a reduction in the front yard setback as they feel it would detract from the area. MOTION by Wall to accept the letter and petition from Mr. Reinhart. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Sondheimer asked Mr. Jolicoeur if in his dpinion it would be practical for Mr. McGregor to use fill on his lot to set the structures back farther. Mr. Jolicoeur answered it would take an awful lot of fill and a retaining wall would have to be used. MOTION by Harju to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Sondheimer to table the request to the July 13, 1971 meeting to allow the Board to hear the applicant. Seconded by Wall. Upon a voice vote, there.being no.nays, the motion carried. ADJOURNMENT: The meeting was adjourned at 8:30 P.M. by Acting Chairman Drigans. Respectfully submitted, O MARY Y- HIIUZ Secretary C17Y0F FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 June 27, 2002 , Ms. Christy Salmonson Mr. Leo Wincek 265 Stonybrook Way Fridley MN 55432 Subject: 265 Stonybrook Way Easement Dear Ms. Salmonson & Mr. Wincek: PW02-046 Enclosed are the requested copies of the Improvement Agreement and Easement documents recorded against the property at 265 Stonybrook Way. These documents were filed with the Anoka County Recorders Office on March 13, 1996. If you have any questions regarding this information, please contact me at 763-572-3550. Sincerely, 'JV— Jon H. Haukaas Director of Public Works JHH:cz Enclosures 278198 IMPROVEMENT AGREEMENT This Improvement Agreement, made this � th day of 1j16Vejhej' , 1995, by and between the City o Fridleya municipal corporation under the laws of the State of Minnesota, and �J 'W}aio J. G} ue o sm.)e Ae}rffr 44 d SA.In«r4CjJM+D 2s Auit �c�,^soN (hereinafter "Property Oadiers" We, the property owners at Lot /0 _, Block 7, Pearson's Craigwav Estat s 2nd Addition, Anoka County, Minnesota, commonly referred to as 26S S AAAyk Way, Fridley, MN, have been informed that the City of Fridley proposes to install a pipe to convey the flows of Stonybrook Creek at the rear of our property. We do not want to lose the esthetics of an open ditch and, therefore, request the City to omit the pipe on our property, and, instead, to channelize the creek embankment with either multi block or gabion material through our property. We understand that this alternative could result in future maintenance and repair problems, but we accept this responsibility for future maintenance and repair costs and agree that we and our heirs and assigns will make no claim on the City for any future repairs or maintenance to the creek channel on our property noted above. We understand that there will be a special assessment of $2,000 for this improvement and this document will be recorded on our property. CITY OF FRIDLEY William J. Nee ay r Wi &I -a -U-21 rns, City Manager STATE OF MIINNESOTA ) as. COUNTY OF Property 0 e�rSign ure ' Ap fofoWrty Owner Signature Georgia J Greve, a single person Samuel C Wood, a single person The foregoing instrument was acknowledged before me this C --day of 1995, by William J. Nee, Mayor, and William W. Burns, City Manager, of the City of Fridley, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporate '+0COLLNC ONotary Public u�cb. f1�QYcUT3 ANOKA COUNTY i%1` • L.� �-�i. �� -- MY COMM Exp. Jan. 31.2000 STATE OF MINNESOTA ) as. COUNTY OF pk ) The foregoing instru ent was /Vbvtm he)- , 1995, by THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. (CMS) 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 before me this Notary Public 6W:RLES W SEYKORA MITAlYMM, 1YMIWA ANOKA COUNTY My aEVWJ1L31.2W0 of I s; nle /peg 440 copy, Ar Nculp 1 0 C, C�lx Tu pad orm call. ( 7 -7 2781980 TORRENS FRIDLEY CITY OF ATTN CAROL MEYER 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 OCCUMENTNO- 278198.0 TORRENS ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MA -R 13 9 6 AT 11: 19 AM AND WAST gRECORDED. $19. PAID. FEES AND TAXES IN THE AMOUNT OF RECEIPT N0. 96017209 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF 171 BLP BY ............................ I ..............................RECOADEA/REGISTRAR OFTITLE DEPUTYPAOPEflTY Easement Individual(s) to Corporations) or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19— County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date /Iloye&htj- ? , 19 X6 - ?.18199 FOR VALUABLE CONSIDERATION, Georgia J. Greve, a single person, and Samuel C. Wood, a single person, Grantor(s), hereby conveys an easement to The City of Fridley, Grantee, a Municipal corporation under the laws of the State of Minnesota, real property in Anoka County, Minnesota, described as follows: A 60 foot wide drainage, utility and slope easement described as follows: The northwesterly 60 feet of Lot 10, Block 7, Pearson's Craigway Estates 2nd Addition. The City of Fridley hereby accepts this easement for drainage, utility and slope purposes. 14)jLW", d. latr William A. Chamoa - City berk tSS 3N 3h d£11 ISNW O 8 A INn if#/4 ` 0313W-l0VV3 N11V 10 A113 1310iad SN3dbol 0'66t81Z I;Opy BK_FG ._._�_V0 -.-70'711 ' DOCUMENT N0. 278199.0 '1'UKK. ZN 5 i ANOKA COUNTY MINNESOTA I HEREBY CERTIFY qffiWEfgHItqt6TRUMENT WAS FILED IN THIS OFFICE FOR REJCTgT9 AM AT A�V1S RECORDED. FEES AND TAXES IN THE AMOUNT OF PAID. 96017210 RECEIPT NO. EDWARD M. TRESKA ANOKA COUNTY PRL§IqI' TAX ADMINISTRATOR/RECORDER REGISTRAR OF TITLES BY DEPUTY PROPER TY TAX ADMINISTRA TORIRECOROER/REGIS TRAR OF TITLES 19 TOMTVI- . ucolpt p �'1 7•i COPY fr;e�tihsd ITAX UewFleleasss —�t�1_!L err, f'�!!unI•Co. Otc. Tax Paid I flr(iet If — ,�� e t yyt �.rcadnbi9ty Fllls'g _Fooe;�j� N9* ! Ttnn�frr LJ Dose. ;�Ivltlan 1.1( M i'• hnuailltl Pins. Sun Cott* v �. r• amus O Spec Morhewe 4 �Il U i : ._ TYC'•"•t --------C"mp. E: ntry �..� .-qnn. C�Knp BK_FG ._._�_V0 -.-70'711 ' DOCUMENT N0. 278199.0 '1'UKK. ZN 5 i ANOKA COUNTY MINNESOTA I HEREBY CERTIFY qffiWEfgHItqt6TRUMENT WAS FILED IN THIS OFFICE FOR REJCTgT9 AM AT A�V1S RECORDED. FEES AND TAXES IN THE AMOUNT OF PAID. 96017210 RECEIPT NO. EDWARD M. TRESKA ANOKA COUNTY PRL§IqI' TAX ADMINISTRATOR/RECORDER REGISTRAR OF TITLES BY DEPUTY PROPER TY TAX ADMINISTRA TORIRECOROER/REGIS TRAR OF TITLES 19 N REGULAR COUNCIL MEETING OF JULY 12, 1971 PAGE 17 first stage of their construction. They will submit a landscaping plan when they know how many trees they can save. A representative at the Meeting said the building would be three stories high, no elevators, with the entrance at $ story. The h story down will be at grade level and they are all walk -puts on the again 16vel. There are no basements. NATION by Councilman Kelshaw to approve the building permit for the first phase of the apartment complex, Rustic Oak Corporation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayon Kirkham declared the motion_ carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards Design Control Meeting of July 8, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS METING OF JUNE 29, 1971; A BEQUEST FOR A VA: REDUCE THE MINIMUM FEET TO ALLOW THE e 10 265 OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO YARD SETBACK REQUIREMENT FROM 35 FEET TO 20 GTION OFA GARAGE TO BE PLACED AHEAD OF THE N.E.. FRIDLEY. MINNESOTA. The City Engineer reported that the Board of Appeals tabled this request and since then the applicant has withdrawn his request. It seems there are protective covenants attached to the plat. MOTION by Councilman Breider to receive the Minutes of the Board.of Appeals Meeting of June 29, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked, if the Council is ready to act on the agreement for the liquor store, that this item be taken next, so that Mr. Rallis and Mr. Nicklow could leave the Meeting. ON AGREEMENT FOR THE SALE OF THE LIQUOR STORE AT NATION by Councilman Liebl to approve the agreement for the sale of the liquor store at 3710 East River Road and authorize the appropriate signatures, Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. .RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 19711 REQUEST FOLK A SPECIAL USE PERMIT, SP #71-03, AMERICAN OIL COMBA r�Y JOHN P. YOUMGDALE.- To construct a service station in a C•-2 District on the northeast corner of University Avenue and Osborne Road; per Section of City Code. 45.101, 3E. REGULAR COUNCIL TING -OF JULX.12, 1971 PAGE is SON 4 RE UEST# ZOA #71-03 AKERiCAN OIL COMPANYt BY JOHN #V. XO t to rezone that part of the NEMC of the Nita of Section 11 lying east o centerline of University Avenue and north of the centerline of Osborne Road as said roads are now laid out and constructed (1960) from R-3 to C-2. (Northeast corner of University Avenue and Osborne Road) Mr. John Xoungdale was present to answer any questions the Council may have. The City Engineer reported that the Planning Commission recommended denial of these requests. There is a letter in the Agenda from the Attorney for the applicant requesting a public hearing before the Council. There is also a petition from some adjacent property owners in favor of the rezoning, Councilman Harris asked when the hearing could be held. The City gngineor. relalied August 9th, MOTION by Councilman Harris to set the public hearing .for August 9th, 1971 for the rezoning and special use permit requests by American oil Company, Seconded by Councilman Kelshaw. upon a voice vote, all voting aye, mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meetipg of June 230 1971. The motion was seconded and upon a voice vote, all, voting aye, Mayor Kirkham declared the motion carried unanimously. M ;AN OIL COMPANY MOTION by Councilman Harris to receive Petition #12e-1971 and the letter from wyWAn Smith dated June 24, 1971. Seconded by councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 7, 1971! MOTION by Councilman Kelshaw to receive the Minutes of the Planning Gommisaioa Meeting of July 7, 1971. Seconded by Councilman Lieb1, upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, EgCEIv;NG OF MOTION by Councilman Liebl to receive the Minutes of the Parise and Recreation Commission Meeting of May 24, 1971. Seconded by Councilman Kelshaw. upon a void vote, all voting aye, Mayor Kirkham declared the motion carried 'ani�usly, RECEIVING THE MINUTES OF THE FRIPLEY HUMAN RELIONS MEETING OF MAY 27 1971: MOTTON by Cqunc$lman Brei4er to receive the Minutes of the Fridley Humn Relation@ Comaittee Neeting'of Maty 27, 1971, Seconded by Councilman X01344w. Upon a voice vote, all voting axe, Mayor Kirkham declared the motion carried unanimously. TSE MINUTES OF TBE BOARD F ,APPEALS MEETING OFYULY 13, 19 1 The meeting was called to order by Chairman Minish at 7:36 P.M. MEMBERS PRESENT: Minish, Harju, Sondheimer, Wall MEMBERS ASSENT: Drigans OTHERS PRESENT.- Clarence Belisle -Building Inspector MOTION by Wall to approve the .June 29, 1971 minutes as written. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A 3WV§jj FOR A VARIANCE OF SIG110N 45.053a 4A FRIZE 91ZX C23 -E SMAK RWU1_RRWT 35 FEET TO 20 EW X2 M&W THE CONSCONSEMICK OF A QAW Z2 11 MjR AHEAD OF THE NUIlg ON LOT 10 BLOC 7 PEARSON "LgI&IWAY ESTATES 2ND ADDITIO SMS jjZG 265 STOA]YB WAY NJ, llIA OTA. R BY MR. ROBERT MCGBEGOIt, 2828 -5TH AVM Im- TS S 2. Chairman Minish informed the board that Mr. McGregor has withdrawn his request. Mr. Wollan was present to present the request. A verification survey of the lot and pictures of the lot were shown to the Board. Mr. Belisle stated there was a lot split granted in 1967 on Lot 54 which split off l5 feet from the back of the lot. This lot split was necessary in order to build°on Lot 54, 55 and 56 as an older home, 533 Janesville, had been built 3.8 feat over the lot line onto Lot 54. Mr. Wollan stated he is proposing to build a 22 by 2l foot detached garage with a IQ by 21 foot patio along the side. He stated he would keep 5 feet between the eaves of the house and garage which would result in having 8.1 feet between the garage and back lot line and 11.7 feet between the garage and the older home. We stated he could out the garage down to 20 feet if he had to but it wouldn't leave uach room inside the garage. Chairman Mintob asked if Mr. Wollan had talked to the owner of 533 Janesville. Mr. Wollan answered that he had not heard from the owner. He added that this is rental property and the owner is the sante as when the lot split was granted. biO'ON by Harju to close the public hearing. Seconded by Well. Upon a voice vote, there being no nays, the motion carried unanimously. MINDER.ENGINEERING CO.,INC. ENGINEERS AND SURVEYORS LAND 6V0tVEYIN0 SOILS 'TES'TING CIVIL & M-UNICIPAL F.NeiNtrmIN® LAtvD PLANNINaI• 6418-SGTN AVENUE N. MMMEAPOLIS 27, MINN. KE '7- 3637 o" SCALL 0:4x, LOT 10 13L K 7 PEARSOK*5 GRAtGwAY EsTATE s 2 N K) A DD'N. INE HERE15Y CkRTIFY THpi THIS 15 A TRUE AND COQW-ECT (4PRE5ENTNI .04 OF k SUPVE -i' OF TRE BOUNONWES OF THE LAND 1A50VE . DE`>CG BED AND C?F THE LOCATION OF ALU. BUILUI�eIi� , IF AMY. THEREON , ANU a.LL VISIBLE ENCROACHMENTS, IF ANY, FROM OQ ON SNID LPN[). OATEC� TK15�� �P --°' /I< dER ENC7INEER',4�1G CO., INC. FWCm EERS ANCA stl4tvE flQP-5 by e LX - - --- --