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VAR 06-70t APPLICATION TO THE BOARD OF APPEALS AND CITY CG`MIT, FOR SPECIAL USE PERMIT, VARIANCE IN REQU1R9MN S OF CERTAIRi . ORDINANCES OF THE CITY OF PItIDLE'Y (Applicant to complete items 1, 2, 3) 1. game and Address of Applicant ®d .0 . e /lam S(1- (® / 2. Legal Description of Property (also general locaticn, such an.-"no2,0:- east corner of 64th Avenue and 5th Street10 or 6415 fifth Street") l 0 3. Describe the variance requested. (Atrach Plat or Sur%fty of ho"rty showing location of proposed buildistg, etc., alio adjoining prMarties and ownership within 200' of said property.) 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by adwin'_acrativa officiAl. Appropriate ordinances and section of ordinances to be cited.) a ��e TO WHOM IT MAY CONCERN: I do not object to the variance requested by Mr. Rodney Z. Trocke. He is asking to build his garage 2 feet from the lot line instead of the 5 feet required in the ordinance. I am the property owner of 6031 -2nd Street N.E., the adjoining property owner to the South of Mr. Trocke's property. A gyp• �M//11�-J /I/� Mr. Jacob Wojciak 6031 -2nd Street N.E. S. Notice of Hearing data@t (must lie at least attached). • 2 s In Official Newspaper on the following G. Board Members notified of meeting by ' V-)--) ag /Q'o� (List $e Members, Date Notified, and "s°B or "N or pans to attend hearing). A 7, meson making appeat and the follo" property owners heaving property within 2001 twtifL,ed: By Phme Notified by ®rte i1_ (L ial_)_ So The Following Board Members and interested parties were Vvesent at the maring: . BOARD KBBS 3- 1®e For Above Recomendations Ainst•Recomnendations y 1 r .• lle'lction by City Council and Date; a 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 9, 1970 to consider the following matter: A request for a variance of Section 45.053, 4B, Subparagraph 3, to reduce the sideyard adjoining an attached garage from 5 feet to 2 feet to allow the construction of an attached garage onto existing house located on Lot 24 and the South z of Lot 25, Block 7, Hyde Park Addition, the same being 6035 -2nd Street N.E., Fridley, Minnesota. (Request by Mr. Rodney L. Trocke, 6035 -2nd Street N.E., 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, June 9, 1970 to consider the following matter: A request for a variance of Section 45.053, 4B, Subparagraph 3, to reduce the sideyard adjoining an attached garage from 5 feet to 2 feet to allow the construction of an attached garage onto existing house located on Lot 24 and the South 2 of Lot 25, Block 7, Hyde Park Addition, the same being 6035 -2nd Street N.E., Fridley, Minnesota. (Request by Mr. Rodney L. Trocke, 6035 -2nd Street N.E., 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 THE MINUTES OF THE BOARD OF APPEALS SUBCOMKITTEE MEETING OF .TUNE 9. 1970 The meeting was called to order at 7:30 l':M. by Chairman Minish. MEMBERS SENT: Minish, Drigans, O'Bannon MEMBERS ABSENT- Ahonen, Sondheimer OTHERS PRESENT: Al Bagstad m Building Official ANION by Drigans to approve the minutes of the May 26, 1970 meeting as written. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 4B, FRIDLEY CITY CODE, Mr. & Mrs. Gabriel were present to present their request. Pictures of the property, taken by the Building Inspector, and a survey showing the existing house and the proposed garage, were shown to the Board for "their .revi*w. Mr. Gabriel explained they will be constructing a small addition, with a deck behind it, between the house and the garage. The garage will be 20 feet by 28 feet and will be offset from the West side of the house by 10 feet. There will be 16 feet from the front of the garage to the boulevard and 9 feet of boulevard to 5th Street. Mr. O'Bannon stated the code states 17.5 feet between the garage and the boulevard to have room to park a car outside of the garage and still be parked on the owners property. Mr. Gabriel explained that he will be.installAng an automatic garage door opener and also that there will be no outside entrance to the house on the addition, so the tendency would be to put the car in the garage and use the entrance to the house from the garage. Chairman Minish asked why he didn't place the garage back further on the lot. Mr. Gabriel answered that he did try to position the garage on other parts of the lot but in.each case there was either not enough footage to meet the requirements or it would mean cutting down one or more of the very large Oak trees that are on the lot. MOTION by O'Bannon to close the public hearing. Seconded by Drigans. Upon a voice vote; there being no nays, the motion carrieq unanimously. POTION by Drigans to reconmend approval of the request to the Council for the following reasons: 1. Mr. Gabriel wants to save some very beautiful Oak trees on his property. 2. The Minutes Of The Board Of Appeals Subcommittee Meeting Of June 9. 1970 Pase_2 2. The garage will be 25 feet, which includes the boulevard, from the street do there should be no interference with traffic visibility. 3. The garage does not seem to interfere with any of the surrounding neighbors. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Trocke was present to present his request. A picture taken by the Building Inspector, of the proposed garage area and a survey showing the existing house were shown to the Board. A letter from the property owner to the South, Mr. Jacob Wojciak, stating he did not object tothe variance was also shown to the Board. Mr. Trocke explained the reason he needs the variance is because the back of his lot has a very steep drop off and to place the garage back further would mean bringing in quite a bit of fill to level off the land. Since the neighbor's home is a walkout in the back also, the neighbor would and up having to look at a wall of dirt if he had to -.fill ibyback yArd. Mr. Trocke stated further that there is an existing concrete slab where the proposed garage is to be placed, which was installed before he bought the house. This slab is now extended out to the property line. He is planning on partially ripping it out to install frost footings. The garage will be 15 feet by 24.5 feet and will be attached to "the hdum,. you . Mr. O'Bannon stated there is a problem in maintaining the 15 feet between structures as the dwelling to the South is approximately 10 feet 4 inches from the property line. We had a similar problem last year and we required that they fireproof the whole garage. Mr. Trocke stated that he would fireproof the whole garage if that was the only way to get the variance but he didn't think it was necessary as his garage was not going to have an overhang and his neighbor had no overhang on his house. POTION by O'Bannou to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. 1DTION by O'Bannon to recommend to the Council approval of the request for the following reasons and stipulation: 1. We have received a letter from the property owner to the South stating he has no objections to the variance. 2. The lot is a small lot, beJW QJy 60 feet wide. 3. The backyard is a walkout and it is impractical to bring in fill to set the garage behind the house. i 3. 4. The Minutes Of The Board Of Appeals Subcoittee Meeting Of Jean 9. 1970 Page 3 4. With the stipulation that the garage be completely fireproofed with 5/8 inch sheetrock. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Harry Hokemier was present to present the requests. Mr. Hokemier presented illustrations of both locations with the signs in place and also photos of the areas where the signs are to be erected. He explained the existing sign at 7002 Highway #65 is a Vern Donnay sign and has been at this location for many years. The sign has to be taken down as it is placed on City right of way. The Naegele Outdoor Advertising sign is presently located at 7000 Highway #65 and is also located on City right-of-way property. Mr. Hokemier stated that the present sign will be taken down and a new one put back up. Naegele Sign Company does have a continuing lease with Pennsylvania Oil Company which states the sign will come down in the event the land should be developed or sold. The distance to Locke Park is measuring at the closest point which is measuring back at a 450 angle through the trees. Mr. Hokemier stated further that both signs will be all steel structures, 12 feet by 25 feet, double faced poster panels. This is the sire of sign that is used by companies who wish to advertise nationally. Mr. Drigans pointed out that in the public hearing notice for the sign at 7365 Highway #65, the seventh line should read "set back from any residential area (trailer park)" instead of "set back from any park". Mr. Hokemier stated that the variance is required on the sign to be erected on 7365 Highway #65 as the blocks are small and it is very hard to find a location where you could stay 500 feet away from an intersection and still see the sign. This sign will be located on the East side of the road on property owned by Mr. Sheldon Mortenson with whom they have a lease which states the sign will come dowse in the event the property is sold or if a permanent building is erected. Some scrub trees will have to be removed in order to erect this sign and it will be placed behind the proposed service road area. The Minutes Of The Board Of Appeals Subcommittee Meeting Of June 9, 1970 Page 4 Chairman Minish stated that both of these requests will have to go before the Planning Commission as all advertising signs have to be erected under a Special Use Permit. MOTION by O'Bannon to close the public hearings. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MTION by Drigans to recommend to the Council approval of the variances for 7002 Highway #65 for the.following reason: 1. The sign has been at this location for many years, and at this time is only to be removed from City property to be p1&c*0 ate property. Seconded by O'Bannon. Upon a voice vote, O'Bannon abstaining, the motion carried. MTION by Drigans to recommend to the Council approval of the variances for 7365 Highway #65 for the following reasons: 1. There is actually not enough room for the sign to be erected 500 feet from the intersection of 73k Avenue. 2. Permission has been granted by the property owner to erect the sign. 3. The Naegele f ign is an attractive looking sign, very well constructed, and very well maintained. Seconded by O'Bannon. Upon a voice vote, O'Bammum abstaining, the motion carried. Chairman Minish requests that the procedure for overlapping requests, requests that have to go before more than one subcommittee, be put on the agenda for the next Planning Commission meeting. ADJOURNMEWT The meeting was adjourned at 9:05 P.M..by Chairman Minish. Respectfully submitted, REGULAR COUNCIL MEETING OF JUNE 15, 1970 PAGE 9 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDEYARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING HOUSE LOCATED ON LOT 24, AND THE SOUTH 3� OF LOT 25, BLOCK 7, HYDE PARK ADDITION, THE SAME BEING 6_035 2ND STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RODNEY L. TROCKE, 6035 2ND STREET N.E., FRIDLEY, MINNESOTA): The City Engineer reported that the Board of Appeals recommended approval subject to the applicant fireproofing the garage with 5/8 inch sheetrock. MOTION by Councilman Harris to concur with the Board of Appeals and grant the request for the variance subject to the applicant fireproofing the garage. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. A REQUEST FOR VARIANCES OF SECTION -56.04, 2E, FRIDLEY CITY CODE, TO REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM A STREET INTERSECTION, FROM 500 FEET TO 400 FEET AND SECTION 56.04, 2F, FRIDLEY CITY CODE, TO REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM ANY PARK, FROM 500 FEET TO 340 FEET TO PERMIT AN EXISTING SIGN TO BE RELOCATED ON OUTLOT 2, FRIDLEY INDUSTRIAL PARK ADDITION, THE SAME BEING 7002 HIGHWAY #65, FRIDLEY, MINNESOTA. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST .78TH STREET, MINNEAPOLIS, MINNESOTA): 4. A REQUEST FOR VARIANCES OF SECTION 56.04, 2E, FRIDLEY CITY CODE, TO REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM A STREET INTERSECTION, FROM 500 FEET TO 400 FEET AND SECTION 56.04, 2F, FRIDLEY CITY CODE, TO REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM ANY PARK, FROM 500 FEET TO 150 FEET TO PERMIT THE ERECTION OF A SIGN TO BE LOCATED ON PART OF PARCEL 4780, SECTION 12, TOWNSHIP 30, RANGE 24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7365 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST 78TH STREET, MINNEAPOLIS, MINNESOTA): The City Engineer reported that these variances for signs were approved by the Board of Appeals, but there is no action by the Council required at this time as they must also go before the Planning Commission for a special use permit. MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of June 9, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF MAY 28, 1970: MOTION by Councilman Harris to receive the Minutes of the Fridley Human Relations Committee Meeting of May 28, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING WATER LINE PROBLEM IN HICKORY DRIVE AREA: (ST. 1970-1) The City Engineer explained that in this area, the City is plannin to improve the street. N.S.S.S.D. is installing two sanitary sewer force mais and the City is installing an extension to the storm sewer. There have been three water main breaks in this area last year. Due to the concern on the water line, it was dug up in certain areas and they found that the action of the soil has eaten REGULAR COUNCIL MEETING OF JUNE 15, 1970 PAGE 10 away the. bolts on the line. In som.,! instances the bolts were .,urroded through. There are certain types of soil that do exert this corrosive action on cast iron. The flanges and the bolts and certain sections of the pipe will have to be replaced. He said that he wanted to make sure the water line is fixed before the street improvement goes in. He indicated that tht�}, were studing ways to try to prevent this corrosive action, perhaps by the use of polyethylene. The cost would be about $10,000. He said that he would try to negotiate with a contractor that is now under contract with the City. Councilman Liebl asked when the water line was put in. The City Engineer said 1956. Mayor Kirkham suggested that the Council should meet June 22, 1970 at 5:00 P.M. on the Noyes matter, so they could also consider this item, when there is more information available. The City Engineer said that this would be an expensive job, and that the whole line would have to be checked. NOTE: It was agreed by the Council to meet at 5:00 P.M. June 22, 1970. MOTION by Councilman Harris to receive the report by the City Engineer. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #114-1970 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PR07ECT ST -1970-4, ADDENDUM #2: MOTION by Councilman Harris to adopt Resolution #114-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #115-1970 - RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1970-4: MOTION by Councilman Liebl to adopt Resolution #115-1970. Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #116-1970 - A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-3: MOTION by Councilman Harris to adopt Resolution #116-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #117-1970 - A RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT TO INSTALL "NO PARKING" SIGNS ON INTERSTATE NO. 694 OUTERDRIVE ALONG SKYWOOD APARTMENTS: Councilman Sheridan commented that the parking problem is the most prevalent along the service drive, and that the curved area causes problems as a car cannot see anything that may be coming from the other way. Councilman Harris wondered whether there should not be "No Parking" signs on Matterhorn Bridge. The City Engineer pointed out that it is illegal to park on a bridge anyhow. Councilman Harris felt that the signs might act as a reminder, as he has seen cars parked on the bridge.