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VAR 12.70APPLICATION TO THE BOARD Oi APPEALS AND CnY CGUWIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIRUM N -IS OAr CERTAIN. ORDXNANCES OF THE CITY OF FliIME'Y (Applicant to complete items 1, 2, 3) 1. Name and Address of Applicant /pa � �� � a ,��' � � � W .2. Legal Description of Property (also general locaticn, such ns;"nonh- "at corner of 64tH Avenues and 5th Streett9 or 6415 fifth Strs*V) ®! / �L,h � ✓°� <rf�1.4/ t� ro C► _.sem/// �"'i 3. Describe the variance requested. (Attech Plat sr sarvlay of Pfo"rty showing location of proposed building, etc., alio adjoining properties and ownership within 200' of said property.) —1-- 5 �.. .a i 7® 4. Co=mnta by administrative official denying original request for buildinS pewit or other permit. (To be completed by adwin!atrativa oYficiAl. Appropriate ori inances and section of ordLnznce�,, to be cited.) ' �''' zy "s` r... ..S.a.....vo I �® Notice of gearing appeased datoa t (must be at least once 10 attached). 2 - Official Newspaper an the following aeetinA ®• c to �® 3oard Members notified of meeting by,g�,cP (List Kwbers, Date Notified, and "Yea" or "Nd' for pans to atter hearing)® a OTHER PARTIES; /1 .n /)A m„ . n min - /) #- . ' , . a 9 son yr, . a 10® For Above Recommendations . (A --Q 11,•kction by City Council and Date; 0 Ama ins t • Rec om mendat ions .- Mr. William Rosen, Attorney for Speedy Car dash, presented the request. He explained the car wash was one of the early buildings in this area and at that time they had an agreement with the landowner, Mr. Mortenson, to put up a sign at the corner of Central and 52nd Avenue. -The agreement stated the sign could remain at that location until such time as the landowner wanted to use the land for some other purpose. The landowner has now sold this piece of property to Twin City Federal and our sign has been taken down. Mr. Rosen stated further that they are asking to put the same sign back up again approximately 175 feet North of where the sign was located. This will still be on Mr. Mortenson°s property. There will be some repair work done on the sign as it was damaged when it was taken down. Chairman Minish asked Mr. Bagstad if the Building Inspection Department had any comments on this request. Mr. Bagstad answered the Skywood Mall Shopping Center has an area identification sign already and according to the Code is only allowed one. There are extra signs on this property which Mr. Mortenson is aware of and also this property needs some maintenance work completed. Mr. Rosen stated the car wash did have three small A -frame "open" signs which they will be removing. He had talked with the City Attorney who had talked to the City Engineer who informed him the City Engineering Department had no objections to the pylon sign if the small signs were removed. Mr. Gordon Bloom with the Property Management Department of Twin City Federal showed the Board how they are planning to develop the corner property. He stated he was at the meeting to inform the Board of this and not to object to the sign. He added that Twin City Federal will be erecting a sign at the approximate location of the old car wash sign. The Board of Appeals Minutes of December 15 1970 P$ae 2 Mr. George Boyd, from Robert Hall, was concerned with the car wash erecting a larger sign than what they had up but he had no objections to them putting up the same sign. Drigans asked Mr. Bagstad why a variance was needed when the sign has already been in existence and is just being relocated? Mr. Bagstad answered our present code covering signs was not in effect at the time the sign was first erected and now since the sign is over the minim= sign size requirement as stipulated in the code, the variance is necessary to re -erect the sign. MOTION by Sondheimer to close the public hearing. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried. MOTION by Sondheimer to recommend to the City Council approval of the requdst to relocate the sign approximately 175 feet North of the old location but in the same relative position with the following stipulations: 1. Said sign to have an area not exceeding 252 square feet. 2. All extra signs to be taken down and the original sign be erected in the original fashion. 3. The Building Inspection Department be allowed to add their stipulations to the Sign Permit. MOTION dies for lack of a second. Drigans stated he felt the hardship is that the sign had been erected and in existence for some time. He felt the Board had no control over where the sign is to be located as long as it is within the confines of the owner°s property. He said all the Board had the right to do was to act on the variance of sign area as that is all the applicant is asking for. Sondheimer said he would rephrase the motion to omit the area where the sign was to be located. MOTION by Sondheimer to recommend to the City Council approval of the request to erect a sign, said sign having an area of 252 square feet, with the following stipulations: 1. All extra signs be taken down and the original sign be erected in the original fashion. 2. The Building Inspection Department be allowed to add their stipulations to the Sign Permit. The Board of Aegeals Minutes of December 15, 1970 Pase 3 Drigans added the hardship is the sign was there before the new sign ordinance was passed. MOTION seconded by Drigans. Upon a voice vote, Am en vot nayp the motion carried. 2. A REQUEST FOR A VAR7MCE OF SECTION 45.053, 4B, TO REDUCE TUE SIDE YARD SETBACK FILM 10 FEE T TO 5 FEET TO PERMIT THE ERISTING ATTACMD GARAGE Mr. Kelshaw was present to present the request. He presented a letter to the Board signed by the adjacent property owners to the East of his property, which stated the variance will not interfere with their property. MOTION by Sondheimer to receive the letter signed by Mr. 6 Mrs. Jachum. Seconded by Ahouen. Upon a voice vote, there being no nays, the motion carried. Mr. Kelshaw explained there is 12 feet between the existing structures at the back and 14 feet between them at the front. He is not building an addition onto his house but simply converting the present garage into Wing area and will install a fire wall. A new garage, that will need no variances, is proposed and will be located in the backyard with the exit on Carol Drive© MOTION by Ahonen to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried. Sondheimer stated he would like a report from the Fire Department on the minims safe distance between structures. Mr. Bagstad sdid he would contact the Fire Prevention Chief for this report. MOTION by Drigans to recommend to the City Council approval of the request for the following reasons: 1. This will increase the value of the property as far as the house is concerned. 2. Emergency vehicle access can be obtained from behind the building without any due hardship. 3. The structure is not being expanded dimensionally. 4. He has agreed to put in a fire wall between the two structures which is also a stipulation of the Board. 0 erd of MSIls Utes ®f er 15- 1270 !up 4 3® Seconded by Ahonen. Up®n a voice vote, there being n® nays, the notion ca ed unanimously Mr® Dale Hudson, Divisi®n Engineer with Continental oil Company prey ted the request. REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 7 Howard Johnson, and there will be one for Twin City Federal plus this sign. He recommended they get a letter signed by the.owner of Skywood Shopping Center and also from the operator of the car wash that there will be no more signs along 52nd Avenue and Highway 65, and then the variance could be approved.- He said that this would get .rid of many small temporary type of signs and will clean up the area and be an imerovement.. ^MOTION by Councilman Liebl to concur with the recommendation of the Board of Appeals and approve the request.to erect a 252 square.foot sign with the stipulation that all extra signs be taken down, and that the owner of the property and operator of the car wash submit letters stating there will be no additional signs other than the five previously mentioned. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053 4B, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET TO PnRMIT TIS EXISTING ATTACHED GARAGE TO BE CHANGED INTO LIVING AREA ON LOT 7, BLOCK 3, SHO'i�'�WOOD ADDITION, THE SAME. BEING 831 WEST MOORE TAKE DRIVE, FRIDLEY, MINNESOTA. (RE PEST BY MR. ROBERT E. KELSHAW, 831 WEST MOORE LAKE DRIVE. FRIDLEY, MINI $OTA): The City Engineer sho..-jed the Council where the garage is located on the property. He stated that the Board of Appeals has :-ec:omm;nded approval subject to putting; a fire wall between the two structures. He will be building a detached garage in the back of the lot with a blacktop driveway. MOTION by Councilman Harris to concur with the reconvaendation of the_Board of Appeals and grant the variance to Robert E. Kelshaw. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the ----ration carried. 3. A REQUEST FOR A VARIANCE OF SECTION 56.052 3G; FRTDLEY CITY CODE, TO _ REDUCE THE MINIMUM SIGN SETBACK FROM ANY PROPERTY LINE FROM 10 FEET TO 8N FEET TO ALLOW THE ERECTION OF A SIGN ON A PUMP ISTUND LOCATED ON NORTHOF LOT 11 AND ALL OF LOTS 12, 13 AND 14, BLOCK 4, REVS ADDITION TO FRIDLEY PARK, THE SAME BEING 6389 UNIVERSITY AVENUE_N.E.1 FRIDLEY MINNESOTA(55432) (P.EQUEST BY CONTINENTAL OIL COMPANY, 1400 LILAC DRIVE SOUTH, MINNEAPOLIS, MIME SOTA 554.16): The City Engineer explained that they want to.put up a new sign, and to be able to erect it in the best location, this variance is needed. It would be their recommendation.to approve the request subject to whether the Council wanted an easement for sidewalks. Councilman Harris felt the Council should get an easement. I MOTION by Councilman Harris sign setback for the Conoco an easement for sidewalks. vote, there being no nays, to approve the variance to reduce the minimum Station and request the Administration to obtain Seconded by Councilman Sheridan. Upon a voice Mayor Kirkham declared the motion carried. The representatives of the Continental Oil Company, present at the Council Meeting, asked if the approval of the variance hinged on the easement, as they were in no position to promise a dedication of Mr. Ryan's land. .Council- man Harris asked that the Administration discuss this with Mr. Ryan and told --the representatives that it would be worked out. 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, December 15, 1970 to consider the following matter: A request for a variance of Section 45.053, 4B, to reduce the side yard setback from 10 feet to 5 feet to permit the existing attached garage to be changed into living area on Lot 7, Block 3, Shorewood Addition, the same being 831 West Moore Lake Drive, Fridley, Minnesota. (Request by Mr. Robert E. Kelshaw, 831 West Moore Lake Drive, Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 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, December 15, 1970 to consider the following matter: A request for a variance of Section 45.053, 4B, to reduce the side yard setback from 10 feet to 5 feet to permit the existing attached garage to be changed into living area on Lot 7, Block 3, Shorewood Addition, the same being 831 West Moore Lake Drive, Fridley, Minnesota. (Request by Mr. Robert E. Kelshaw, 831 West Moore Lake Drive, Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS Fridley, Minnesota December 4, 1970 To Whom It May Concern: We, the undersigned, are fully aware of the request for variance made by Mr. and Mrs. Robert Kelshaw in order to chanSe their gara�',e into a family room. Ve feel this change will not cause us any financ- ial loss or interfere with our property. Signed