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CITY OF FRIDLEY, SUBJECT
MINNESOTA COMMISSION APPLICATION _..._ .. .
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City ®f Fridley
AT THE TOP of THE TINS
ACOMMUNITY DEVELOPMENT DIV. ;'®�svao PROTECTIVE INSPECTION SEG.
9 h CITY HALL FRIDLEY 55432
SUBJECT
APPLICATION TO BOARD
OF APPEALS
NUMBER
910-F23
REV.
1
PATE
3/21/75
PAGE
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OF
2
APPROVED BY
800
Nameww// dress
Phone
Legal
Description
Lot No.
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Block No.
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Tract or Addn.
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`Taria.nce Request(s); including stated hardships (attach plat or survey of property
showing building, variances, etc., where applicable)
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Date
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Meeting Date
a
Receipt No. Signature
Comments & Recommendations by
the Board of Appeals
City Council Action and Date
City of Fridley
SUBJECT
AT THE TOP OF THE TWINS
APPLICATION TO BOARD OF APPEALS
s �
_ _____ COMMUNITY DEVELOPMENT DIV.
-
_
(Staff Report)
o PROTECTIVE INSPECTION SEC.
I • CITY HALL FRIDLEY 55432
NUMBER
REV.
DATE
PAGE OF
APPROVED BY
612-560-3450
910-F23
1
3/21/?5
2 2
Soo
Staff Comments
' a
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Board members notified of meeting by
List members,
date notified, and "Yes" or "No" for plans
to attend hearing. Plan
Name
Date To Attend
Sandy Oven,5821 2 1/2 Street
Albert Campbell,5840 3rd Street
)perty owners having property within 200
Eldon Schmedeke-Box 56A, Markville, Mn 55048
By whom
Mr. & Mrs. Gerald Almlie-5836 3rd Street
t a Phone ?r Mail Not fieri
Loucille Bodin-5824 3rd Street ,
,�
Mr. & Mrs. Martin Dykhoff-5810 3rd St.
c
Mildred Barker -5800 3rd St.
Mr. & Mrs. Jene Christensen -5801 2 1/2 St.
Mr. &Mrs. William Foster,5807 2 1/2 St.
Mr. & Mrs. Edward Dobie -5813 2 1/2 St.
Mr'., George Pfi effer-5817 2 1/2 St.
Mr. & Mrs. Charles Lindberg -5825 2 1/2 St.
Mr. & Mrs. Theoddre Kowakzek-5829 2 1/2 St.
Mr. & Mrs. Thomas Johnson -5833 2 1/2 St.
Mr. & Mrs. Ronald Newland -5841 2 1/2 St.
Mr. & Mrs. Elmer Gabrelcik-5845 2 1/2 St.
Mr. & Mrs. Leonard Seaberg-5847 2 1/2 St.
Mr. & Mrs. Orvil Bakke -5849 2 1/2 St.
Mr. & Mrs. Victor Leader -5851 2 1/2 St.
James Lund -5846 2 1/2 St.
Mr. & Mrs. Byron Hill -5834 2 1/2 St.
Sandra Stepaniak-5828 2 1/2 St.
James Blomberg -5820 2 1/2 St®
Mr. & Mrs. Alvin Johnson -6824 Ew%ng'North,
Mn 55429
Minneapolis,
Joseph Laurent -5800 2 1/2 Street N.E.
CONTINUED FROM MARCH 14, 1978
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley
will meet in the Council Chamber of the City Hall at 6431 University Avenue
Northeast on Tuesday, May 9, 9• 1978 at 7:30 P.M. to consider the following
matter:
A request for variances of the Fridley City Code
as follows:
Section 205.053, 4,B,2, to reduce the required side
yard from 13 feet to 8.7 feet, and
Section 205.053, 2, B, to reduce the minimum lot
width from 50 feet to 40 feet, and
Section 205.053, 1, B, to reduce the lot area
required for a lot recorded before December 29, 1955
from 7500 square feet to 5218 square feet,
to allow a 20 ft. x 20 ft. addition to an existing
legal non -conforming residential structure in C-2
zoning (generalhsiness areas), located on Lot 21,
Block 22, Hyde Park, the same being 5821 2 1/2 Street
N.E.., Fridley, Mn. (Request by Sandy Oven, 5821
2 1/2 Street N.E., Fridley, Minnesota 55432).
Anyone desiring to be heard with reference to the above matter will be
heard at this meeting.
VIRGINIA SCHNABEL
CHAIRWOMAN
APPEALS COMMISSION
Item #9, March 14, 1978
Item #1, May 9, 1978
ADMINISTRATIVE STAFF REPORT
5821 2 1/2 Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053, 4, B,2, requiring a minimum of one 13 foot side yard
setback on lots up to sixty (60) feet wide without attached garages.
The purpose served is to provide access to the rear yard for a possible
detached garage at some future date and for fire fighting access.
Section 205.053, 2, B, requiring a minimum lot width of 50 feet.
The purpose served is to avoid the condition of overcrowding of the
residential neighborhood, to avoid excess burden on the existing water
and sewer services, and to avoid reduction of surrounding property values.
Section 205.053, 1,B, requiring the area for a lot recorded before
December 29, 1955, of 7500 square feet.
The purpose served is the same as for Section 205.053, 2, B, above.
B. STATED HARDSHIP:
No additional land available. We need more room and don't care to move;
also to improve my home and neighborhood and make resale value better.
C. ADMINISTRATIVE STAFF REVIEW:
The house is located in a C-2 (commercial) zone. The area is primarily
single and multiple dwellings, with some commercial use. A study and
possible rezoning from C-2 to R-1 (single family dwelling) is forthcoming.
The use of the house as a dwellin4 has dictated the use of R-1 zoninq
requirements according to the City Zoning Administrator, Dick Sobiech.
The house is a legal non -conforming use on a 40 foot wide lot. The lot
has less than the 7500 square foot minimum. Several smaller houses
in the area are in the same situation. It is doubtful that a driveway
from the front would be needed, because there is an alley to the rear.
The difficulty is the issue of the non -conforming use, -To date, no permits
have been granted to enlarge houses in the C-2 zone. It is suggested
that the variance items be discussed on their own merits, and passed on
as a recommendation to the City Council, who can deal with the non -conforming
use.
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described fund, and of the location of jqU buildings, thereon, -and alltvisible encroachments+ if any, from or on
said land. As surveyed by me this ` day ofd t./ _ . . A.D..191.�
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Not Published: All Rights Reserved
APPEALS COMMISSION MEETING MARCH 28, 1978 Page 18
Vice -Chairperson Gabel asked where in the Codes it stated
the square footage required,to classify an area as an accessory
building
Mr- Holden.said that he would find the Section'of the Code
that specifically addressed that requirement before the request
for the second driveway would be published.
Mr. Kemper asked why the variance was needed for the,side
yard
Mr. Van Hulzen said that he wanted to line the proposed
attached garage up with the present house. He said that to do
so he needed a variance to go from the required 25 feet to
17 feet.
MOTION by Mr. Kemper, seconded by Mr. Barna, to close
the Public Hearing- Upon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing was closed
at 10:29 P.M.
Mr. Plemel asked if he had talked to the adjacent,neighbo'rs.
Mr- Van Hulzen said that he had talked to several of the
neighbors and they had indicated no objections.
MOTION by Mr. Barna, seconded by Mr. Plemel, to approve the
request for variance of the'rridley City Code Section 205.053,4,B,
{5,b} to reduce the side yard setback foraan accessor-y.building
{garage} from 25 feet to 17 feet; and to deny the request for
variance of the Fridley City Code Section 205•053,4,.B,r1, to reduce
the side yard setback for living areas in an R-1 zone from ten feet
to five feet, to allow the construction of an attached garage,
and the conversion of an existing attached garage to living area-,
on Lot 18,. Block 4, Brookview Terrace 2nd Addition, the same
being 901 Overton Drive NE, Fridley, Minnesota.
Mr- Barna directed Staff to publish the request for additional
driveway usage.
Mr- Barna also indicated that it was Mr. Van Hulzen's request
to convert the existing garage to living area with a portion
retained for storage, thereby alleviating the necessity to obtain
the variance of Fridley City Code Section 205.053,4,B -,1 -
UPON A__/OTCE VOTE, all voter a �e, the motion carried
unanimoosY,y.
CONTINUED UNTIL ZONING IS CLARIFIED IN HYDE PARK A`MITION:
REQUEST FOR VARIANCES ON LOTS 21 AND 221 BLOCK 22, H4DE PARK
THE SAME BEING 5821 2 1/2 Street NE, FRIDLEY, MN -
{REQUEST BY SANDY OVEN, 5821 2 1/2 STREET NE, FRIDLE, MN
55432}- /
APPEALS COMMISSION MEETING - MARCH 28, 1978 Page 19
8. OTHER BUSINESS:
Vase -Chairperson Gabe] said that she did not like. the situation
with Holiday Village• She said there )adn't been enough information.
She suggested that Mr• Holden inform Holiday Village that,.City
Council would be asking the same questions and that they had
best have the answers for the Council•
She said that if it hadn't been for the fact that Holiday
Village was making a huge effort to upgrade their property.and
their image, she would have denied the request.
Mr• Plemel said that Holiday Village most likely planned
that remodeling totally and they had to know what they wanted in
way of signage• He said that Mr• Jensen should have been informed
o.f the total plans•
Mr• Holden said that he would talk to the people involved•
ADJOURNMENT
MOTION by Mr• Barna, seconded by Mr• Kemper, to adjourn the
March 28, 1978, Appeals Commission meeting, Upon a voice vote,
all voting aye, the motion carried.unanimously. •The meeting was
adjourned at 10:38 P.M.
Respectfully submitted,
MaryLee Carhill
Recording Secretary
0
CITY OF FRIDLEY
APPEALS COMMISSION MEETING MAY 9Z8
CALL TO ORDER:
Chairperson Schnabel called the May 9, 1978, Appeals Commission
meeting to order at 7:36 P.M.
ROLL CALL:
Members Present: Plemel, Kemper, Schnabel, Gabel$ Barna
Members Absent: None
Others Present: Ron Holden, Building Inspector
APPROVE APPEALS COMMISSION MINUTES: APRIL 25, 1978
MOTION by Mr. Barna, seconded by Ms. Gabel, to approve the
Appeals.Commission minutes of April 25, 1978, as written, Upon a
voice vote, all voting aye, the motion carried unanimously.
14, 1978:
c''rmTr
: TO
A
D,
STING
(RE®UEST BY SANDY OVE , 5821 Z' STREE NE, FRIDLEY MN 55432).
MOTION by Mr. Kemper, Seco r, emel,`to open the Public
Hearing. Upon a voice vote, all voting aye,.the motion carried
unanimously. The Public Hearing was opened at 7:38 P.M.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205..053,4,B021 requiring a minimum of one 13 foot side yard
setback on dots up to sixty (60) feet wide without attached garages.
The purpose served is to provide access to the rear yard for a
possible detached garage at some -future date and for fire fighting
access.
Section 205.05312,B, requiring a minimum lot width of 50 feet.
The purpose served is to avoid the condition of overcrowding of the
residential neighborhood, to avoid excess burden on the existing
water and sewer services9 and to avoid reduction of surrounding
property values,
APPEALS COMMISSION MEETING - MAY 22-1-228 Page 2'
Section 205.05391,B, requiring the
December 29, 1955s of 7500 square
The purpose served is the same as
B. STATED HARDSHIP:
area for a lot recorded before
feet.
for Section 205.053,2,B, above.
No additional land available. We need more room and don't care
to move; also to improve my home and neighborhood and make
resale value better.
C. ADMINISTRATIVE STAFF REVIEW:
The house is located in a C-2 (commercial) zone. The area is
primarily Bingle and multiple dwellings, with some commercial use.
A study and possible rezoning from C-2 to R-1 (single family dwelling)
is forthcoming. The use of the house as a dwelling has dictated
the use of R-1 zoning requirements according to the City Zoning
Administrators Dick Sobiech.
The house is a legal non -conforming use on a 40 foot wide lot.
The lot has le -ss than the 7500 square foot minimum. Several
smaller-h,oases in the area are in the same situation. It is
doubtful that a driveway from the front would be needed, because
there is an alley to therear@
The difficulty is the issue of the non -conforming use. To date,
no permits have been granted to enlarge houses in the C-2 zone.
It is suggested that the variance items be discussed on their own
merits, and passed on as a recommendation to the City Council, who
can deal with the non -conforming use.
Mr. Holden said that it was.proceeding through the City Council and
the area would most likely be rezoned to'S-1." He said that Ms. Oven's
lot would then be considered R-1.
Ms. Gabel.indicated that the 'first City Council meeting had gone
well for the neighborhood. She said that they had made no changes to
the submitted document.
Chairperson Schnabel said that it could be assumed that the area
would then be rezoned and the request could be handled as an R-1
dwelling .
Mr. Holden explained that even though it would be considered a
residential dwelling the area would be S-1 and all requests would have
to go to City Council because the Appeals Commission could presently
only act on R-1 zoning requests.
LPPE.ALS COMMISSION MEETING MAY 9, 1978 PaGe 3
Chairperson Schnabel explained that the house in question was
8 feet 9 inches from one property line and 11 feet 3 inches from the
other property line. She said that the proposed addition would follow
the existing; lines of the house, therefore it would not make the house
closer to the property lines,
Chairperson Schnabel asked Ms. Oven what she needed the additional
living area for.
Ms. :Oven said that the addition would be used to make more bedrooms.
She said that the existing house only had 12 bedrooms.
Ms. Gabel asked the lot coverage percentage.
Mr. Holden said it would be approximately 17-'/,
Mr. Plemel asked if there mould be a full basement under the proposed
addition,
Ms. Oven said that there would be full basement under the addition.
She said that the present house also had a full basement.
Chairperson Schnabel pointed out that there would be 13 feet between
Ms. Oven's house and the next door neighbor. She said that any burden
on the existing water and sewer services would not apply because there
was already an existing structure on the property. She said it should
also be considered that even though the lot was not 7500 square feet$
it had been platted earlier as a smaller lot.
Ms. Gabel said that one of the main concerns of the Hyde Park
Committee regarding home improvements was that any outside remodeling
be completed on a timely basis. She asked what time frame Ms. Oven
was considering for the proposed addition.
Ms, Oven said that she planned to do the outside finishing. She
said that she would use the same siding on the proposed addition as was
on the other part of the house. She said she planned to have the
house addition completed by winter. She said that a contractor would
do the roofing and such,. She said that the only thing she planned to
do herself would be the siding work, She said she planned to live in
the.house by Christmas.
Mr, Kemper asked if Ms. Oven would utilize the existing heating
system,
Ms. Oven said -she had been told that the existing furnace would
be, adequate to handle the proposed addition,
Mr. Holden asked what Ms. Oven would do if the request was turned
down.
Ms. Oven said she -would probably have to seek a new dwelling. She
said that she preferred not to because she liked where she lived. She
said she liked the neighborhood and the convenience the area offers her.
APPEALS COMMISSION MEETING - MAY 21_1_9Z8 Page 4
Mr. Plemel asked if she had an estimate of how much the proposed
addition would cost.
Ms. Oven said it would probably be between $93,000 and $12,000.
MOTION by Ms. Gabel, seconded by Mr. Kemper, to close the Public
Hearing, Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was closed at 8;04 P.M.
Mr, Plemel asked what effect a granting of the request would have
on the pending lawsuit regarding 40 foot lots,
Ms,.Gabel said that the two requests were entirely different.
She said that Ms. Oven had an existing house located on a 40 foot lot
that had been platted and built on before the current codes were
written. She said that lawsuit on 40 foot lots was regarding new
construction on 40 foot lots that were purchased after the current
codes were written and there was no existing structure on the lots.
Mr. Holden said that the question that had to be considered was
whether improvements should be approved on houses that were 35+ years
old, He pointed out that the codes currently read that if the value
of the addition exceeds 50% of the value of the structure, the entire
structure would have to be brought up to code.
Chairperson Schnabel asked who would determine if the existing
structure was up to code or not.
Mr. Holden said that at the time the Building Permit was issued
someone would go out to the house and determine what would have to
be done to bring the entire structure up to code. He explained that
any improvements that would have to be made to the existing structure
would have to be completed in the same time frame as the time limits
on the Building Permit,
Ms. Oven said that the house had been approved by FHA two years
ago*
Mr. Holden said that most likely the existing structure was already
up to code. He said that the FHA had strict requirements.
Mr. Plemel said that there were no objections from any neighbors.
He said that Ms. Oven seemed aware of the cost involved. He felt she
would be better -off buying a bigger house rather than putting that much
money into the existing one;.however, he said if she wanted to invest
the moneyt he didn't have any objections.
APPPBKLt COMMISSION MEETING - MAY 92 1228 Page.5
Chairperson Schnabel,said.that if Ms. Oven wanted to make the
investment, and since it was her house, she also had no objections.
Mr. Barna pointed out that the addition.would add to the value
of the house. He felt that she would definitely profit from the
addition because Of the rapid pace the values of houses was rising.
Mr, Kemper pointed out that if. Ms. Oven had decided to tear down
the existing structure and build a new house on that lot, the Appeals
Commission would most likely deny the request, However, he still
questioned whether the addition to the house on a 40 foot lot should
be allowed.
Ms. Gabel said that the particular neighborhood provided much
loin -income housing. She said she would like to see that area up -graded.
MOTION by Mr. Barnag seconded by Mr. Plemel, that the Appeals
Commission recommend approval of the request for variances of the
Fridley City Code as follows: Section 205.05314,B,2, to reduce the
required side yard setback from 13 feet to 8.7 feet; and
Section 205.05312,B, to reduce the minimum lot width from 50 feet
to 40 feet; and Section 205.053912B9 to reduce the lot area required
for a lot recorded before December 299 1955 from 7500 square feet to
5218 square feet; to allow a 20 foot by 20 foot addition to an
existing legal non -conforming residential structure in C-2 zoning
(General Business areas)9 located on Lot 21, Block 22, Hyde Park,
the same being 5821 22 Street NEI Fridley, MN,
UPON.A VOICE VOTE, Mr. Plemel, Ms. Schnabel, Ms. Gabel$ and
Mr. Barna voting aye; Mr. Kemper voting nay; the motion carried.
2.
312 WEST LAKE STREET, MINNEAPOLIS, MINNESOTA 55408) (REPRESENTING
PLAZA VILLAGE RESTAURANT, 6259 HIGHWAY #65 NE)
MOTION by Mr. Plemel, seconded by Mr. Kemper, to open the Public Hearing.
Upon a voice vote, all voting aye, the motion carried unanimously.
The Public Hearing was opened at 8:40 P;M;
r,rri�i,,�a vv,u,l+�a1�l,v r,r vi-i-jrju rillZ i o FaCe b
ADMINISTRATIVE STAFF REPORT
6359 Highway #65 N.E.
(in Shorewood Shopping Center,6225 Highway #65 N.E.)
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 214.046, B,2, limiting square footage for free standing signs
to an 80 square foot maximum per development.
Public purpose served is to control visual pollution and excessive use
of signs in a commercial area.
Section 214.046,. B, 4 & 5, requiring a minimum setback of a sign from
the property line or driveway of 10 feet.
Public purpose served is to control visual polluation and protect the
safety of pedestrians and motorists in commercial areas.
B. STATED HARDSHIP:
Request to install a new sign on the existing base posts that were used
by King Chalet to support a free standing sign. The new sign is 87.5
square feet per drawings.
C. ADMINISTRATIVE STAFF REPORT:
Staff feels that this is not the best location for a pylon sign. As
per the new sign ordinance, the City Planner has requested that the
owner, Mr. Max Saliterman, submit an overall comprehensive sign plan
for all of Shorewood Plaza. We have not received any plans to date.
It is very difficult to evaluate the impact of this sign, its location,
its effect on traffic safety, and aesthetic appearance, without knowing
how it will fit into an overall pattern for the future. In the past,
sign locations, sizes and appearance have not been planned or correlated
very well. Our honest opinion is that the present signing for the
center is not as attractive as it could be. The sign location, as can
be seen from the pictures, is on the northwest corner.of Country Club
Market. It is set back zero (0) feet from the property line and from
the driveway.
7
APPEALS COMMISaION MEETING MARCH 1 t.. 1978 Pa e 2
90 REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS:
SECTION 205.053949892, TO REDUCE THE REQUIRED SIDE YARD FROM
13 FEET TO 8.7 FEET; AND SECTION 205.053,21B, TO REDUCE THE
MINIMUM LOT WIDTH FROM 50 FEET TO 40 PEET°, AND SECTION 205.053212B,
TO REDUCE THE LOT AREA REQUIRED FOR A LOT RECORDED BEFORE
DECEMBER 299 1955 FROM THE REQUIRED 7500 SQUARE FEET TO
5218 SQUARE FEET, TO ALLOW A 20 FT BY 20 FT ADDITION TO AN
EXISTING LEGAL NON -CONFORMING RESIDENTIAL STRUCTURE IN C-2 ZONING
(GENERAL BUSINESS AREAS), LOCATED ON LOT 21, BLOCK 22, HYDE PARK,
THE SAME BEING 5821 2'_, ,ET 9 FRIDLEY, MN.
(REQUEST BY SANDY OVEN 821 - 21 4EET NE, FRIDLEY, MN 55432)
Chairperson Schnabel explained that the request was for a
house located in the Hyde Park. area. She said that the house was in a
C-2 Zone and that the residents of the area were in the process of
developing a plan to rezone the area to R-1. She said that the
Appeals Commission could not act on a request for a non -conforming use.
She said it had to be a City Council decision. She said that until
the City Council made a decision on the Rezoning, the petitioner had
agreed.to withhold the requests.
MOTION by Mr. Plemel,, seconded by Mr. Barna, to continue the item
until a future date, at such time that the Rezoning situation was
settled by the City Council. Upon a voice vote, all voting aye,
motion carried unanimously.
Chairperson Schnabel said that nei�J announcements would be sent out
at the later date,
10. CONTINUED TO MARCH 289 1978 (AT PETITIONER'S REQUEST) VARIANCE
REQUEST FOR 5800 22 STREET NE, FRIDLEY, MN.
(REQUEST BY MR. ALBIN JOHNSON, RR #1, CUSHING WISCONSIN 54006).
PUBLIC HEARING CLOSED.
11. OTHER BUSINESS
A. Community Development Commission Meeting - February 14, 1978
Chairperson Schnabel said that a copy of pages 1 & 2 of the
Community Development Commission meeting of February 14, 1978, had
been included in the agenda folder because she wanted the Appeals
Commission members to be aware of the discussion that had taken
place regarding the ,Advisory Standards for Land Use_Regulations,',
She said that the Commission unanimously agreed that garages
should be required in the City of Fridley.
B. Synopsis of R-1 Variance Request for 1976.- 1977
Chairperson Schnabel said that the copy of the R-1 Variance Requests
for 1976 - 1977 was given to each Commission member. She said that
it was done at the suggestion of Mr. Kemper to better prepare for
the upcoming discussions of the Zoning Ordinance.
APPEALS COMMISSION MEETING - MARCH 14, 1978 Page 26,,,
C. 40 Foot Lots
Chairperson Schnabel pointed 'out that on February 27, 197..8.,
City Council denied the `requests by Mr. Hedlund to build
on 40 foot- lots -
D. Delegation of Authority
Chairperson Schnabel said that she would not be present at
the March 28, 1978, Appeals Commissionmeeting• She said
that Ms• Gabel would chair the meeting•
E. Boulevard Parking
Mr. Moravetz said that it was illegal to park in the
boulevards. He said that the Appeals Commission did not
have the authority to grant permission for people to
park on boulevard property•
ADJOURNMENT
MOTION by Mr• Barna, seconded by Mr• Kemper, to adjourn the
March 14, 1978, Appeals Commission Meeting• Upon a voice vote, all
voting aye, the motion carried ueenimously• The meeting was
adjourned at 11:38 P•M-
Respectfully submitted,
Mary6e Carhill
Recording Secr•etar.y
130
REGULAR MEETING OF JUNE 5, 1978
PAGE 6
CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, SP #78-05, BY BENNIE ROZMAN;
8031 BEECH STREET N. E.:
Mr. Sobiech, Public Works Director, stated this is a request for a special use
permit to allow a disco teen center operation at 81st and Beech Streets.
He stated the Planning Commission had recommended denial and a public hearing
was held before the Council and input was received at that time from the
Public Safety Director regarding his concerns.
Mr. Sobiech stated the disco operation is proposed to be located -in an
industrial zoned area.
Councilman Schneider stated he had reason to believe that the disco center in
Eagan is not operated and owned by the petitioner, Mr. Rozman.
W. Rozman stated he is not now operating the disco center in Eagan, but it
is operated by his nephews. He stated he provided the financial backing
and laid out the ground rules.
Mr. Tom Obert, owner and manager of Great Skate at Osborne Road and Highway
65, stated they have obtained a dance permit from the City of Spring Lake
Park to operate a disco teen center at Great Skate and felt approval of
this special use permit would have an adverse effect on his business.
Mayor Nee stated he hoped Mr. Obert understood that they couldn't consider
his statements as argumentative.
Mr. Herrick, City Attorney, stated Mr. Obert certainly is at liberty to
make the statement, however, this could not be grounds for determination as
to whether the application for the special use permit should be approved or
denied.
Mr: Rozman stated he is glad Mr. Obert feels he would be undue competition.
He stated it has come to his attention that a few things have to be looked
into and asked the Council to table his request for two weeks, if possible.
MOTION by Councilman Hamernik to table this request for a special use permit
to the June 19, 1978 meeting. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 1978:
1. COMPREHENSIVE SEWER PLAN:
MOTION by Councilman Fitzpatrick to set the public hearing on the Comprehensive
Sewer Plan for June 12, 1978. Seconded by Councilman Hamernik. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
2. APPEALS COMMISSION MEETING OF MAY 9, 1978:
A. SANDY OVEN, 5821 22 STREET:
Mr. Sobiech, Public Works Director, stated this is a request for variances to
reduce the required side yard setback from 13 to 8.7 feet; to reduce the
minimum lot width from 50 to 40 feet; and to reduce the lot area required
for a lot recorded before December 29, 1955 from 7,500 square feet to 5,218
square feet to allow a 20 x 20 foot addition for property at 5821 22 Street.
Mr. Sobiech stated the Appeals Commission did hear the.matter and recommended
approval.
The petitioner, Ms. Oven, was not present regarding her request for the
variances.
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Appeals Commission and approve the requested variances. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
129
REGULAR MEETING OF JUNE 5, 1978
PAGE 5
Councilman Fitzpatrick nominated Peter Truenfels. o
Councilman Hamernik nominated Betty Enkhaus.
Each Councilman reviewed the backgrounds of the person they nominated for
appointment.
UPON A ROLL CALL VOTE TAKEN ON THE NOMINATIONS, Councilman Barnette, Councilman
Schneider and Mayor Nee voted for Marlyis Carpenter; Councilman Hamernik
voted for Betty Enkhaus; and Councilman Fitzpatrick voted for Peter Truenfels.
Mayor Nee declared Marlyis Carpenter appointed to the position on the Human
Resources Commission by a 3-2 vote.
NEW BUSINESS:
CONSIDERATION OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-03,
BY THEODORE BURANDT, REZONE FROM R-3 TO CR -1; 941 HILLWIND ROAD N.E.:
Councilman Schneider stated his concern has been with the residential property
to the North, and stated he did talk with the persons living in this residential
single family home. He stated they have indicated they are confortable with
the rezoning application that is before the Council.
Councilman Schneider stated the petitioner, Mr. Burandt, has met with the staff
to insure that the residential unit would be brought to code in order to be
used as an office building. He stated he believes Mr. Burandt is in agreement
with the list of 9 stipulations recommended by staff.
MOTION by Councilman Schneider to waive the reading and approve the ordinance
upon first reading, with agreement by the petitioner on the 9 stipulations
outlined on Page 6A of the agenda book, before the second reading of the
ordinance. Seconded by Councilman Barnette. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
Councilman Schneider stated, because of the existing real estate development
on that corner, he felt the council is somewhat locked into this situation.
He stated, in general, he would not be supportive of a residential structure
being used as an office, but because of the unique character of the development
on this corner, he felt it would be acceptable with the stipulations recommended
by staff.
Mr. Burandt stated he would go along with the Sign Ordinance in its entirety,
but still felt the height of six feet for the sign is a safety factor and
that it should be of a height that is unreachable for children.
Mr. Sobiech, Public Works Director, stated the Sign Ordinance states what the
height restrictions are and there has been considerable discussion on this
item, and felt the ordinance should be followed.
Mr. Burandt stated he intends to follow the ordinance, but wanted to be on
record that he objects to it.
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE OF FRIDLEY
Mr. Qureshi, City Manager, stated more and more people are getting into the
( . business of sweeping chimneys and it was felt there should be some control
it by the City. It is recommended, therefore, that this trade be added to require
a license and require persons to carry some kind of insurance.
MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance
upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
CITY COUNCIL
ACTIO!! TAKEN NOTICE
Sandy Oven
5821 2 1/2 Street N.E.
Fridley, Mn 55432
Dear Ms. Oven,
a
On June 5. 1978 , the Fridley City Council
'officially approved your request for variance
with the stipulations listed below.
Please review the rioted stipulations, sign the statement below,
and return one copy to the City of Fridley.
If you have any questions regarding the above action, please
call the Cor-munity Development Office at 571-3450.
S' rely,
ROLD . 60ARDMAN
CITY PLANNER
JLB/de -
Stipulations:
None
Concur with action taken.
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