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ENCROACHMENT 76MEMO TO: Richard N. Sobiech, Public Works Director MEMO FROM: IIKThomas A. Colbert, Assistant City Engineer sem'' DATE: August 13th, 1976 SUBJECT: EASEMENT ENCROACHMENT REQUEST - 7348 & 7358 SYMPHONY" A request has been received from the above property owners to allow an encroachment of 1' each onto a common 12' drainage and utility easement located adjacent to Lot 11 & 12,Block 5, Melody Manor. Correspondence has been received from all existing and potential public service utili- ties indicating no objections and research has indicated that there is presently,no city utilities located in this easement. After an on site inspection, it is the engineering division's recommenda- tion to allow the existing and requested 1' garage encroachment; as the remaining 10' would be sufficient to handle any potential drainage pro- blems. ;o ff 11�,§, llw _cs��V-k iz a-3' - S. e! -c4 ap.�Iale 7,-,vl7k lllqhma�l N'SG', ce .......... — 77.4. 7741 R? 52- -4 gf� 73 3y 1lf. 03 82.-9.9 fc- 4. e 20:52 lg� O:li -,dz w r 7Y42 --j -;7Z�f -9. 79 o7o- 4z4--- 7, Cl. zrJ7kz 58.0 73-37 a 7ySz ae:r'zS_or8 — e: /SAW 7e (I /�'� 174: 12 B _ . 12--l- 12 C Minnegasco Minnesota Gas Company 733 marquette avenue, minneapolis, minnesota 55402 July 22, 1976 Mr Leslie Zimmer 7348 Symphony Street N. E. Fridley, Minnesota 55432 Dear Mr Zimmer The Minnesota Gas Company has no facilities within that platted utility easement over the north 6 feet of Lot 12, Block 5, Melody Manor and does not object to any encroachment nor vacation thereof. Sincerely yours William R Schram Real Estate Section Ar cc: J H Anderson 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 July 22, 1976 Mr. L. R. Zimmer 7348 Symphony Northeast Fridley, Minnesota 55432 Dear Mr. Zimmer: The Northwestern Bell Telephone Company has no objection to the en- croachment of three (3) feet onto the six (6) foot utility easement paralleling your north property line. AIX - Engineering Manager July 26, 1976 City of Fridley 6431 University Ave N E Fridley, Mn 55421 Attn Mr Darrel Claris Dear Mr Clark Garages have been built at 7358 and 7348 Symphony St N E which encroach on the utility easement along Lots 11 and 12, Block 5 of Melody Manor. Northern States Power Company has no objection to the encroach- Ment of these garages as constructed. 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T tt f 1 -.r ,. 4 }♦ �: sp'�•A $ ri{�. t ,."`e L 3 .'! r 7 7i� f F.. {I �e P •,e,, rid 4 s e.:: �' W r t S"-tr TO'MH � Tt.'� �` +x �r r^'c� k •. ��>:��a d•°r t `* §-:, `� 31 ."5� � `6F'� + S r a�, a , �`N.�y .- nd -, ^s " , Y "„' i +r �M1t %a 5 `', �k'�ja*.$t �s<g is •`;, 4 1 4' su r df a t 'ttYt ox v i Yer a:, 14 i x+�lr, 91 ire,'f S.,IP� art ; �4i i;l ryi - 1 r„d � � a.. � t ��t m •�;,�'�j a,o ��f r *��je �' '� 4 axq �� 9a �; �d, -'i + � � +•, ♦ : .,a�}. 1 s �. a�4 � 4, L •a.. I c: Ali - e!r"e,,:e Ide p :'.yk, f `p� rx h,ty,4"..r .�,ate2 ,Q 1 etc:D'+, if ro •tr $ ,� ;.�xy� i,.: ,�,q%F � R �t � ` +, �; s a 1' �.,,'� i��f i`P �l a r 5�� e '° itp a>" 1� � •' ro @ .` w e r>r� d i sIe �m r y e ;se +r Naa.g@N p 1 - . ' � - e • -+ " .3`- o `94' �.�" .:"I y ,, het � � ,. " {� .. �e ,�� 8 , tt • 1 to *s w� Ylk1 Y+ e is N f 1.,; , p),gf°V LoU i/o_ �_ 4-c rAC,p NS. MEMO TO: Richard N. So.biech, Public Works Director MEMO FROM: '✓ Thomas A. Colbert, Assistant City Engineer DATE: August 13th, 1976 SUBJECT: EASEMENT ENCROACHMENT REQUEST e 73 $e 735 SYMPHONY A request has been received from the above property owners to allow an encroachment of 1' each onto a common 12' drainage and utility easement located adjacent to lot 11 & 12,Block 5, Melody Manor. Correspondence has been received from all existing and potential public service.utili- ties indicating no objections and research has indicated that there is presently,no city utilities located in this easement. After an on site inspection, it is the engineering division's recomme.nda tion to allow the existing and requested V garage encroachment; as the remaining 10' would be sufficient to handle any potential drainage proe- blems: 130 REGULAR.000NCIL MEETING OF AUGUST 16, 1976 PAGE 6 JOSEPH SINIGAGLIO, SPECIAL USE PERMIT, SP#76-11, 4715 3RD STREET:. Mr. Sobiech, Public Works Director, stated that this was a request for a special use permit which would allow a second accessory building on an existing single family residence and the Planning Commission did recommend approval. He pointed out that several stipulations existed. Mr. Sinigaglio,4715 3rd Street Northeast, was present and stated that his expenses are over and above what the garage cost. Councilman Fitzpatrick stated that the request cost Mr. Sinigaglio $120.00. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission that the special use permit be granted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 40' LOTS: Mayor Nee stated that he planned to set a special meeting regarding this matter. Mr. Qureshi, City Manager, stated that a meeting would be set up approximately six weeks from this date. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission meeting of August 4, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye,.Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST TO WAIVE ENFORCEMENT OF PROVISION IN SIGN ORDINANCE FOR LIMITED TIME; SCHAAF VOLUNTEER COMMITTEE: Mr. Robert Meek, the Schaaf Campaign Manager, stated that he was requesting the City Council to waive enforcement. of the ordinance that limits the size of political signs until the Committee has had the upportunity.to exhaust its efforts for appeal through the Appeals Commission. Councilman Hamernik stated that a good deal of work has been done regarding the sign ordinance and allowing a variance would set a precedent which would invalidate anything that is in the ordinance; and he, therefore, questioned the consideration of this. A visitor stated that there were three members of the City Council who are on Mr. Schaaf's Campaign Committee and she felt that there would be a conflict of interest as to Council voting on this. Mr. Wayne Wellan, 6793 Overton Drive Northeast, spoke against the request. Councilman Fitzpatrick stated that he was not sure that the benefit of the sign was going to be as great now with the publicity against the ordinance that perhaps would cause an unfavorable reaction. Senator Dave Schaaf then stated that he would withdraw the request at this time. Councilman Starwalt then asked Senator Schaaf if he would prefer to withdraw or table the request. Senator Schaaf responded that he already withdrew. RECESS: Mayor Nee called a recess at 10:45 p.m. RECONVENED: Mayor Nee.reconvened the meeting at 11:02 p.m. CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY ` EASEMENT AT 7348 SYMPHONY STREET: CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7358 SYMPHONY STREET: — MOTION by Councilman Fitzpatrick to take Item numbers 12 and 13 in the agenda out of order. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 129 REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 5 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 4, 1976: CONSIDERATION OF APPEALS COMMISSION MINUTES OF JULY 27, 1976: MR. BURKHOLDER, 106 77TH WAY N.E.: Mr. Dick Sobiech, Public Works Director, stated that this is a request for parking in the front yard, located at 77th Way and East River Road. He further pointed out that the Appeals Commission did consider this item and did recommend approval of the front yard parking in the area. He stated that Mr. Burkholder, 7860 Alden Way N.E. was present to discuss the situation. Mr. Sobiech then proceeded to discuss the fact that there exists two apartment buildings: one on which the variance request is petitioned for and has approximately three parking spaces, and the other building to the west of it presently has parking in the front yard area. The petitioner does own the parcel of property in question. Mr. Sobiech stated that perhaps arrangements could be made whereby certain parking facilities could be planned cooperatively for the total area. He further pointed -out that the situation has been complicated especially along 77th Way by the requests for "no parking" signs. Mr. Burkholder then commented that there was just no place to go. He stated that he was surrounded by commercial property and a sea of black top. He suggested that he would be agreeable to screen between the parking and the street. He noted that a complaint was made by Donna Anderson of 160 77th Way N.E. requesting the "no parking anytime" signs posted on 77th Way Councilman Hamernik voiced his concern for setting a precedent which would allow front yard parking. Councilman Fitzpatrick shared his concern. Mr. Qureshi, City Manager, suggested that Mr. Burkholder contact Barry Blower Company and see if some mutual agreement could be made. If not, the City Council could authorize a variance. MOTION by Councilman Hamernik to table this item until the September 13, 1976, Regular Council meeting and see if acceptable alternatives can be worked out. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TOWN CRIER PANCAKE HOUSE, 7730 UNIVERSITY AVENUE N.E.: Mr. Sobiech, Public Works Director, stated that this was a request for a variance from 100 sq. ft. to 108 sq. ft. The existing sign being 96 sq. ft. Approval was recommended by the Appeals Commission. Mr. Craig Vargo, 7730 University Avenue Northeast, then spoke to the City Council and proceeded to show them a drawing of the sign. MOTION by Councilman Hamernik to concur with the Appeals Commission recommendation and approve the variance with stipulations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VARIANCE FEE SCHEDULE: Mr. Sobiech, Public Works Director, stated that the Chairman of the Appeals Commission, Ms. Virginia Schnabel, did contact him to ensure this item came before the City Council. After discussion with her, Mr. Sobiech stated that he believed there was a misunderstanding as to how the increased fee was arrived at. Apparently, the comments by the Appeals Commission regarding the fee increase came after the variance request for a l ft. variance on residential property. Consequently, the increased fee of $50.00 vs. what was originally $15.00 was questioned with this particular residential zoning variance request. Mr. Sobiech stated that he explained to Ms. Schnabel .how the increased fee was arrived at, based on an average of variance requests on small lots of great magnitude. He further stated that he indicated to Mrs'. Schnabel that he would explain to the City Council and that Council. would perhaps direct the Staff to prepare a more in-depth explanation to the Appeals Commission. He then asked if there was a representative of the Appeals Commission present, and Ms. Patricia Gabe) responded that she was. Mr. Sobiech asked her if his discussion explained what perhaps happened at the Commission's meeting and she responded it did. Ms. Gable suggested that perhaps what was needed was a breakdown. Mayor Nee then stated that the City Council will try and justify this to the Appeals Commission. j k 'FF?6"Yz :d 6431. UNIVERSITY AVENUE M.E., FRIDLEY, MINNESOTA 65432 res s{' TELEPHONE (612)571-3450 Urz Y. August 24th; 1976 Mr. Leslie R. Zinmer /64b 5 h_ ony z5treer u Fridley, 11N 55432 Easement encroachment request Dear Mr. Zimer: Your request to- allow an existing 1 foot encroachment onto the 6 foot drainage and utility easement located along your north property line was approved by Council action at the regular meeting of August 16th, 1976. Sincerely, CITY OF' FRIDLEY Thomas A. Colbert Assistant City Engineer, P.E. TAC/grs 4 COMMUNMY DEVELOPMENT DIVISION CITY OF FRIDMY 6431 UNIVERSI?Y AVENUE NOPTIIEAST FRI:DLEY, MINNESOTA 55432 NOTICE OF NON-COMPLIANCE Name 6sr -/Z6- Address �•�� M Ak4 I '! Date 7 Date & Time of Insp ecticn AM. An inspection by this Department has indicated that you are in non-compliance with the following checked (x) sections of Chapter 113, Refuse Disposal, of the City Code. You are hereby no 'f'ed to take whatever action is necessary to correct any violations on or before Failure Failure to comply with this,notice may result in legal action b the ity Prosecutor. O 113.02 Provide sufficient containers for the storage of all refuse (including garbage) accumulated on the premises between collections. (_ ) 113.02 All refuse containers shall be water tight, have a tight fitting lid, be impervious to insects, rodents, vermin, and absorption of moisture, be fireproof, and not exceed 30 gallons :in size (unless otherwise specifically authorized) . (A 113.02 All refuse shall be stored in approved containers; with the cover in place. ( ) 113.08 Containers shall not be placed or maintained as to.' interfere with the use of adjoining property. For the purposes of collection only, the containers may be placed a maximum of 3 feet in front of the dwelling unit. ( ) 113.07 The contents of storage containers shall be collected at least once every week, or more frequently if necessary. ( ) 113.09 Containers without covers, in poor repair, corroded, or otherwise defective shall be repaired or replaced. jot ) Other N If you have any questions concerning this matter, please feel free to call on us at 571-3450, extension 164. ' By. �. Insp9etion Dcpat4trrAnt I!F tv J I axa4�