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VAR 10.80�6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 812)571-3450 October 10, 1980 e .�: CITY COUNCIL ACTION TAKEN NOTICE ' Ted Bigos P.O. Box 22464 Robbinsdale, PMI 55422 Dear Mr. Bigos: On October 6, 1980 the Fridley City Council officially a PDX'LUR41)4XXXX'XXMW, ? ,Xk� (7 - 20 with the stipulaticns fps ea elov: If you have any questions regarding the above action, please call the Community Development Office at 571-3450. SLB/de Sincerely, ty Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. ' APPEALS COMMISSION - September 16F_1980 Page 3 , Mr. Clark stated that all roof equipment must be screened unless it is.low- profile and to be painted to blend with the rest of the building. MOTION by Mrs. Gabel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8;10 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the variance to reduce the rear yard setback from the required 25 feet to 2 feet to allow the enclosure of a loading dock, which will increase the lot coverage of the main building from the maximum coverage of 39.5% to 470, on Lots 3, 4, 5, 6, 7, 8, and 9, Block 6, Onaway Addition, the same being 7740 Beech Street N.E., Fridley, Minnesota, and that there be a written agreement with Action Pattern Company or Park Construction for additional parking. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. V 2. REOUEST FOR VARIANCES PURSUANT TO CHAPTER 220 OF THE FRIDLEY CITY CODE, TO WAIVE -THE REQUIREMENT FOR K SCREENED ENCLOSURE TO CONCEAL REFUSE CONTAINERS VIEW ON BLOCKS 1 AND 2, CARLSON'S SUMMIT MANOR ANNEX, THE SAME BEING 5290 _ 52=75260 5261. 5230, AND 5231 3RD STREET N.E., AND LOT 33, 6, CARLSON'S SUMMIT MANOR NORTH ADDITION, THE SAME BEING 213-219 AVENUE N.E.; AND LOT l,'. , BLOCK 7, CARLSON'S SUMMIT MANOR NORTH -ADDITION, ANTE -BEING-305 53RD AVENUE N.E. (Request by Ted Bigos, P.O. Box 22464, nsdale, Minnesota 55422). Ted Bigos, 6860 Excelsior Boulevard, St. Louis Park, and Mrs. J.B. Carlson, 5920 -3rd Street N:E., Fridley, were present. MOTION by Mr. Plemel, seconded by Mrs. Gabel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPENED AT 8:38 P.M. Chairwoman Schnabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 5290 - 3rd Street N.E. 5291 - 3rd Street N.E. 5200 - 3rd Street N.E. 5201 - 3rd Street N.E. 5260 - 3rd Street N.E. 5261 - 3rd Street N.E. X230 - 3rd Street N.E. 5231 - 3rd Street N.E. 213-219 - 53rd Avenue N.E. 305 - 53rd Avenue N.E. A. PUBLIC -PURPOSE SERVED BY REOUIREMENT: Section 205.078, 4, requires that garbage receptacles must be in either the rear or side yard and mush be screened from public view by a 6 foot approved fence. Public purpose served by this requirement is to reduce visual pollution in the front yard and to lessen the occurrence of garbage and debris being scattered about the property or being blown onto adjacent properties. APPEALS COMMISSION , - - Segtember 16, 1980 R Page 4 „ B. STATED HARDSHIP: "Property has been owned by applicants for fifteen years without ever having problems with refuse or unsightly areas. The containers are 1 yard containers and are kept neat and have been painted bright green. Cost for constructing unnecessary screened enclosures would have to be passed on to the tenants. To enforce this ordinance would result in unnecessary increased costs to tenants." C. ADMINISTRA`T'IVE STAFF REPORT: Since the parking lot layouts do lend themselves to providing a screen for refuse containers, and the granting of this variance would seta prece- dence, we feel the request should be denied. Mr. Bigos, stated that the containers cannot.be seen from the street and they are all painted green. He felt that maybe the code was meant for larger parking lots as putting up containers would make it more difficult for parking as their parking space is limited,and, would also make snow plowing more difficult. Mrs. Carlson stated that the plow man just moves the containers and plows right down the parking 4ot. She felt that if fences are put up there will be a lot of snow and ice buil up and would be much harder to plow. She also stated that they have one enclosed container for the 213 building and have had problems with people dumping furniture and garbage around the container. She said that she has lived,the#e for 15 years and manages -;the buildings and has tried to keep the area picked up and the lids down. Mr. Clark reported that they have not received any complaints about garbage around the_receptalcles and this is the first request they have had for not putting them up ard, if granted, it would certainly set a precedent. He said some barriers arelmade out of concrete or redwood fence and some of them do not have gates and that gates have a tendency to break off with ice and snow build up. Mrs. Gabel felt that they could not make an exception in this matter when others have been forced to live up to the code. MOTION by Mr. Plem�el, seconded by Mrs. Gabel, to close the public hearing. UPON A VOICE VOTE,' ALL VOTING AYE, CHAIRWOMAN DECLARED THE PUBLIC HEARING CLOSED AT 8:50 P.N. MOTION by Mrs. Gab''el, seconded by Mr. Plemel, to recommend to the City Council, through the Planning Commission, denial of the request to waive the requirement for a screened enclosure to conceal refuse containers from view on Blocks 1 and 2, Carlson't Summit Manor Annex, the same being 5290, 5291, 5200, .5201, 526095261$ 5230, and 5231 -3rd Street N.E., and Lot 33, Block 6, Carlson's Summit Manor North Addition, the same being.213-219-53rd Avenue N.E., and Lot 1, Block 7, Carlson's Summit M,nor North Addition, the same being 305 -53rd Avenue N.E., Fridley, Minnesotaj, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNAkII240USLY. 265 REGULAR MEETING OF OCTOBER 6, 1980 PAGE 11 . MOTION by Councilman Fitzpatrick to concur with the recommendation of/ the Commission to fund the Central Center for Family Resources in the mount f $5,000; to fund the Alexandra House in the amount of $2,500; a d to nd the Southern Anoka Community Assistance Agency in the amo4A of $2,500. F rther, to authorize the transfer of $500 from the contingency to make up th difference from the $9,500 which was budgeted. Secondeby Councilwoman too es. Upon a voice vote, all voting aye, Mayor Nee decled the motion car ied unanimously. / IVING APPEALS COMMISSION MINUTES OF SEPTEMBE TO REDUCE REAR YARD SETBACK TO ALLOW ENCLOSURE Mr. Flora, Public W6rks Director, stated this/4s a request for variances to reduce the equired 25 feet rear yard setbac to 2 feet in order to enclose a loading ra and to increase the lot cove age from 39.5% to 47%. Mr. Flora state several conditions were of incorporated or addressed in the motion by th Appeals Commission an he listed the conditions which should be conside d by the Council, i the variances are approved. Councilwoman Moses a ked if Viking gineering had any comments on the conditions. Mr. Winter, representin Viking ngineering, stated he didn't feel they would have any problems w'th t additional stipulations. MOTION by Councilwoman Mose to concur with the recommendation of the Appeals Commission and to a t the variances to reduce the rear yard setback from the required 5 f t to 2 feet and to increase the lot euverage from 39.5/ to 4 �, with the fcllow.i�ng stipulations: 1. Construction of a building s ould be one-hour fire resistive with no'openings in a wall adjacen to the lot line. 2. A written agr ment between Actio Pattern Company to the south, and Viking E ineering on the joint arking facility. should be obtained. 3. Considerati n should be given to treating the two foot space at the rear of t building to preclude weed owth and provide for easy maintena ce. 4. A refu container location should be ind tified and screened from the s reet. 5. Add' Tonal concrete curbing should be placed 'n the parking lots. 6. C sideration should be given to screening the arking lots from ech Street. 7. Any roof equipment should be screened. conded by Councilman Fitzpatrick. Upon a voice vote, all Qting aye, ayor Nee declared the motion carried unanimously. REQUEST FOR VARIANCES TO WAIVE REQUIREMENT FOR SCREENED ENCLOSURE TO CONCEAL REFUSE CONTAINERS, 305 53RD AVENUE, TED BIGOS: MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Appeals Commission and deny this request_ Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Moses asked if staff is taking a look at this ordinance for Possible re-evaluation. Mr. Flora stated they are in the process of con- tacting other cities regarding their requirements and checking into this further. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared. the motion carried unanimously. _run y uiHNCt IU INCREASE MAXIMUM HET IVLRSiTY AVENUE, THL'_?t,4 ( U! FY, LeROY ING S Mr. Flora, Public Works Director, stated this is a request to increase the maximum height of a free standing sign from 25 feet to 42 feet. He stated the Citv 11.1- md. 'tl�....,.