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VAR 87-044 COMMISSION APPLICATION REVIEW Department 1 Number CIT I OF P anning 6 FRlDLEY ' File Address/ Description VAR #87-04, 5772 - 7th Street, Daniel Beamani, DARYL EBBIE --DEBBIE JOHN --DEBBIE -DARREL DEBBIE .6LYDE EBBIELYDE --DEBBIE MARK —DEBBIE'- L — DEBBIE File Date Meeting Date 2/02/87 1 3/03/87 COMPLETE REVIEW CHECKLIST RETURN TO PLANNING COMMENTS toCITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (6f2)571-3450 PROPERTY INFORMATIO 5772 PROPERTY ADDRESS VARIANCE REQUEST FORM VARIANCE # 8-� - b VARIANCE FEE' �RECEIPT # SCHEDULED APPEALS MEETING DATE MG s/ LEGAL DyyE��SCRIPTI,ON: LOT✓ / �/BLOCK 3 2- TRACT/ADDITION PRESENT ZONING (R. -I VARIANCE MUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. Section of the Code: 2ov, 01-0(� t 3 List specific hardship(s) which require the variance(s): ################################################################################## OWNER INFORMATION NAME (please print ADDRESS SIGNATURE .-8 ';V, PETITIONER INFORMATION K P E5 7�r77— DATE NAME (please print) PHONE ADDRESS SIGNATURE DATE APPEALS COMMISSION: APPROVED DENIED DATE 3163 CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: FOE CITY USE ONLY Notification of petitioner and property owners within 200 feet: Name/Address Date notified • { { I d.. { { { { i I I I I I { { { I ' { { { I { I { I I _ { { a I I I I { { { { { I { { f { I i { CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, - march 3 , 1987 in regard to the following matter: Consideration of a variance request, VAR #87-04, by Dan Beaman, pursuant to Chapter 205.04.6, A, 3, of the Fridley City Code, to increase the distance a deck may extend into the required ten (10) foot, side yard setback from three (3) feet to five and one-half (5.5) feet, to allow the construction of a deck, on part of Lot 4, and Lot 5, Block 32, Hyde Park, the same being 5772 - 7th Street N.E., Fridley, Minnesota, 55432. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. DONALD BETZOLD CHAIRMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. MAILING LIST VAR #87-04 5772 - 7TH N.E. Daniel Beaman 5772 - 7th Street N.E. Fridley, MN 55432 DonAld Miller 5784 - 7th Street N.E. Fridley, MN 55432 Dennis Kolflat 451 - 57th Place Fridley, MN 55432 Edward Guzek, Jr. 455 - 57th Place Fridley, MN 55432 Wayne Simoneau 465 - 57th Place Fridley, MN 55432 Marvin Hartse 475 - 57th Place Fridley, MN 55432 Myron L. Smith 5830 - 7th Street Fridley, MN 55432 Earl Palmquist 5831 - 6th Street Fridley, MN 55432 Earl Steffen 5752 - 7th Street Fridley, MN 55432 Clifford Mistelske 5801 - 6th Street Fridley, MN 55432 Steven Jackson 5821 - 6th Street Fridley, MN 55432 Appeals 2,417,187 James Lewis 5810 - 6th Street Fridley, MN 55432 John Slopek 5800 - 6th Street Fridley, MN 55432 Mark Saastad 5751 - 7th Street Fridley, MN 55432 Norris Christianson 5780 Washington Street Fridley, IN 55432 John Hansen 5770 Washington Street Fridley, MN 55432 Lester Larson 5760 Washington Street Fridley, MN 55432 Kenneth Holmstrom 5761 - 7th Street Fridley, MN 55432 Gary Flor 5771 - 7th Street Fridley, MN 55432'. Dennis Fadroski 5781 - 7th Street Fridley, MN 55432 Lorraine Gudim 5791 - 7th Street Fridley, MN 55432 Item #1, March 3, 1987 ADMINISTRATIVE STAFF REPORT 5772 - 77H SZREET N. E. VAR #87-04 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6, A, 3 provides that decks may extend to not more than 3 feet into any required side yard setback, provided that they do not extend any nearer than 5 feet to any lot line. Public purpose served by this requirement is to maintain adequate side yard setbacks, maintain clear access for fire fighting, and reduce conflagration of fire. B. STATED HARDSHIP: ( None sta ted. ) C. ADMINISTRATIVE STAFF REVIEW: Adjacent to this lot is a 33 foot vacated street. When vacated, it was attached to the lot to the south, which faces 57th Place. 9be City did retain portions of the right-of-way for utility and walkway. 9ierefore, there will always be open space between the petitioner's lot line and any structure built to the south. If the Appeals Commission grants this variance, the staff has no stipulations to suggest. _ ice. � 2/ /, /! /� I '�'��o� � '� �' ` •• � � � '� •� ' � � f -I y, �'"'* E SAY • s r F 7 4 /0 7 H �+ Liz 20 rn 014o14oTlw i@ c�!^^C Kq_ 31�. A f 6 /7 L E; 14 ` '' /f 09 T HAVE. , /z d is Salo- s: i a.:�t. a 59TH. AVE. 0 3 IT r ��2 C`� �/►► f /p / /6 / // / F f_ / 4 As � 9 W L S t 1 / � r /3 L J E Ll) r 7 B 9 ro N IZ i1 1 S�Q'�00 5 %iTT jai V.I NA A." 1• NI l F'_'•'7F- R i 16 Zf 14 1! INTEFWATE— NIGUUOA IUp. 694 r 7 t7 W MARIGOLD TERRACE b 9 3 N m !! N /3 /1 a IVV 4 ! IL /7 // /! P, a� 11 ?� f At s /. 38 A IrN H 1 w 7 L S 3 1 Y/ 2 ,! Z 6 K 5 Q 6 W /l l7 N= H LEN PLACE W 12 7 w i1 N 9 B 7 1611 t ,7 I ]WWti B ca ib O .-- /! /S /7 -11 /t /J /4 1! K 11111 i N. AVENUE N.E. ,f M73 —L 4 7 Y� 7 asi i a� s (Ali /�rso /u Y7 ; - y '�6 a /o vdsl Z ,s /8 Ar f' 7 /� 20 � 60 br Lo) eo 90.' 10-7 /z i /2 300 =a) d7(f) ./p 5%i7 / afr �")q 1— A i— /p S `' biz /,j 3 / /1f i4 f r 40 fig s. LAND 5 TH VE. i$ N E ,f O 4 7 Y� 7 asi i a� s (Ali /�rso /u Y7 ; - 8 '�6 a /o vdsl S lnr ,s /8 Ar f' B � 60 ,f O 4 7 Y� 7 asi i a� s (Ali /�rso /u Y7 ; - 8 2/ /o ' 60 (aa� S lnr ,f O 4 7 Y� 7 qqD # a� s (Ali .�Vkip /u Y7 ; - 8 2/ a ' 60 (aa� S lnr v✓ O 4 7 Y� 7 qqD # a� s (Ali .�Vkip 9 Y7 ; - . 2/ /8 Ar f' B /4 br Lo) eo 90.' /z i /2 300 =a) d7(f) 5%i7 /n 3 / v✓ O 4 7 Y� 7 qqD # a� s (Ali .�Vkip 9 ZZ 2/ /8 Ar f' B /4 6 ��e) .�s 7 7 qqD a, W17 (P .Z ; (Ali .�Vkip 9 ZZ 2/ ip/.Z br Lo) 24' 23 LOCATION MAP ��e) 07i f Cod JA 7 qqD 2 W17 (P .Z ; (Ali .�Vkip ip/.Z br Lo) /z i /2 300 =a) d7(f) 5%i7 /n 3 / LAND D i$ In • 7 'v /P r' s s i 60 D n fj (itbi 62 ' a J ceo ss'A r - DD 24' 23 LOCATION MAP a... .._.ww.�_.. w.._..� ._..t..raT An" ._.-A 74,70W,dl 01�c 1`lo 4 ` e caL/%Ow* /a/- "7 � Sr,&�-E TIl,e /l3 b /.3f/..f/-- Jd ZI N O DESCRIPTION 7;ie sLJ. G's�stPryo�i/�e �S ' All of Lot 5 and that part of Lot 4, Block 32, Hyde ?ark, Anoka County, I Minnesota, more particularly described as follows: That part of said Lot 4, lying south of a line drawn from a point on the west line of said Lot 4 distant 65.01 feet southerly of the northwest corner of Lot 3, in said Block 32, to a point on the east line of said Lot 4 distant 66.21 Beet southerly 0.4 the northeast corner of said Lot 3. And that part of the east half of the vacated alley in Block 32, Hyde Park, Anoka County, Minnesota, more particularly described as Follows: Commencing at the northwest corner of Lot 3 in said Block 32;'thence South along the west line of Lots 3 and 4 a distance of 66.01 feet to the point of beginning; thence westerly on the extension westerly of a line from a point on the east line of said Lot 4 distant 66.21 feet south of the northeast corner of said Lot 3 through a point on the west line of said Lot 4 distant 66.01 feet south of the northwest corner of said Lot 3 a distance o: 6.00 feet to the center of said vacated alley; thence South along the center of said vacated alley a distance of 66.00 feet to its intersection with the extension westerly o= the south line of Lot 5; thence easterly along said extension of the south line of said Lot 5 a distance of 6.00 feet to the southwest corner of said Lot 5; thence North along the west lines of Lots 4 and 5 a distance of 66.01 feet to the point of beginning. .DeaaTeS o .4027ener � 3/� ArAr I hereby certify that this survey, plan plat. preliminary plat or report was prepared by me or under, . my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State Of Minnesota. lye• 1083 Z , i�aG. Z t, r?X 46 -sox Reg. No. Date Job No. Book No. n V X DESCRIPTION 7;ie sLJ. G's�stPryo�i/�e �S ' All of Lot 5 and that part of Lot 4, Block 32, Hyde ?ark, Anoka County, I Minnesota, more particularly described as follows: That part of said Lot 4, lying south of a line drawn from a point on the west line of said Lot 4 distant 65.01 feet southerly of the northwest corner of Lot 3, in said Block 32, to a point on the east line of said Lot 4 distant 66.21 Beet southerly 0.4 the northeast corner of said Lot 3. And that part of the east half of the vacated alley in Block 32, Hyde Park, Anoka County, Minnesota, more particularly described as Follows: Commencing at the northwest corner of Lot 3 in said Block 32;'thence South along the west line of Lots 3 and 4 a distance of 66.01 feet to the point of beginning; thence westerly on the extension westerly of a line from a point on the east line of said Lot 4 distant 66.21 feet south of the northeast corner of said Lot 3 through a point on the west line of said Lot 4 distant 66.01 feet south of the northwest corner of said Lot 3 a distance o: 6.00 feet to the center of said vacated alley; thence South along the center of said vacated alley a distance of 66.00 feet to its intersection with the extension westerly o= the south line of Lot 5; thence easterly along said extension of the south line of said Lot 5 a distance of 6.00 feet to the southwest corner of said Lot 5; thence North along the west lines of Lots 4 and 5 a distance of 66.01 feet to the point of beginning. .DeaaTeS o .4027ener � 3/� ArAr I hereby certify that this survey, plan plat. preliminary plat or report was prepared by me or under, . my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State Of Minnesota. lye• 1083 Z , i�aG. Z t, r?X 46 -sox Reg. No. Date Job No. Book No. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MARCH 3, 1987 CALL TO ORDER: Chairperson Betzold called the March 3, 1987, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Menbers Present: Donald Betzold, Alex Barna, Diane Savage, Jerry Sherek, Kenneth Vos Menbers Absent: None Others Present: Darrel Clark, City of Fridley' Dan Beaman, 5772 - 7th St. N.E. Gary Cirks, 5230 Buchanen St. N.E. Carl Christensen, 6501 East River Road fir. & Mrs. Charles L. Langer, 6530 Hickory St. N.E. Ed Brooks, 6506 Hickory St. N.E. APPROVAL OF FEBRUARY 17, 1987, APPEALS COMMISSION MINUTES: MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO APPROVE THE FEB. 17, 1987, APPEALS C014MISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. C014SIDERATION OF A VARIANCE -RE UEST, VAR #87-04, BY DAN BEAMAN, PU TO CHAPTER 205.0 .6, A. 3, OF THE FRIDLEY.CITY CODE TD INCREASE TH - / In JIKCCI 1\.C., fK1ULCT, (11i. DDIF3L. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:31 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5772 - 7TH STREET N.E. VAR #87-04 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6, A, 3, provides that decks may extend to not more than 3 feet into any required side yard setback, provided they do not extend any nearer than 5 feet to any lot line. APPEALS COMMISSION MEETING, MARCH 3, 1987 PAGE 2 Public purpose served by yard setbacks, maintain conflagration of fire. B. STATED HARDSHIP: (none stated) this requirement is to maintain adequate side clear access for fire fighting, and reduce C. ADMINISTRATIVE STAFF REVIEW: Adjacent to this lot is a 33 foot vacated street. When vacated, it was attached to the lot to the south, which faces 57th Place. The City did retain portions of the right-of-way for utility and walkway. Therefore, there will always be open space between the petitioner's lot line and any structure built to the south. If the Appeals Commission grants this variance, the staff has no stipulations to suggest. Mr. Clark stated there was an error in the Staff Report in that there was a structure on the walkway easement. It was a 10 ft. by 14 ft. utility structure which was issued a permit with the stipulation that the City could have it removed if the City ever decides to build a walkway on that easement. The Staff Report should be amended to add: "No permanent structure can be built in the right-of-way easement." Mr. Clark stated Mr. Beaman, the petitioner was in the audience. He stated he had talked to Mr. Beaman that day and had told him he should be ready to explain his hardship to the Commission. Mr. Betzold stated the law required that there be a hardship in order for them to vary the code, and if the petitioner does not have a *lid hardship, the Commission must recommend denial of the variance request. Mr. Beaman stated he really did not have a hardship. He stated he can go 3 ft. out with the deck, but he had crank -out windows on the south side which, when cranked out, could be a safety hazard and also didn't leave much room to get around the windows on the deck. Other than that, the extra 21-2 ft. was more for convenience. He wanted the deck to wrap-around, so that on cooler or windy days, it was nicer to be on the sunny side of the house. Mr. Betzold stated this was a brand new house, and it seemed strange that the petitioner had not given some thought to a deck with the house was being built. Mr. Beaman stated- the main reason he wanted the house designed the way it was, was for the passive solar aspect on the south side. Ms. Savage stated part of the public purpose was to maintain clear access for fire -fighting purposes, and there would be adequate space for that purpose. k APPEALS COMMISSION MEETING, MARCH 3, 1987 PAGE 3 MO:►'ION BY MR. BARNA, SECONDED BY DR. VOS, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Barna stated he would have no objection to the variance as requested because there was plenty of room between this house and any structure that could be built to the south. The code was basically being satisfied, but there had to be a hardship in order to approve the variance. Dr. Vos stated it would be nice to have the deck go out 21-2 ft. more on the south, but there didn't seem to be a hardship. He could not see anything that made this lot more unique than another lot that would warrant a hardship. Ms. Savage stated there was the fact that the other house to the south was far enough away and that this deck would certainly not intrude into the neigh- boring property, but, of course, that did not constitute a hardship. Mr. Sherek agreed there was no hardship, If the variance was not granted, he would caution the petitioner on the safety hazard with the crank -out windows if he did decide to put in the 3 ft.' wide deck on the south side. Mr. Betzold stated that in looking at the property, it would be very easy to grant the variance because of the large space betweerr structures that is always going to be there. He was disturbed a little by the fact that this was new construction and already they are being asked to vary the code to build some- thing else that could have been foreseen and designed somehow when the house was being built. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECOMMEND TO CITY COUNCIL DENIAL OF VARIANCE REQUEST, VAR #87-04, BY DAN BEAMAN, PURSUANT TO CHAPTER 205.04.6, A, 3, OF THE FRIDLEY CITY CODE TO INCREASE THE DISTANCE A DECK MAY EXTEND INTO THE REQUIRED 10 FOOT, SIDE YARD SETBACK, FROM 3 FEET TO 5.5 FEET, TO ALLOW THE CONSTRUCTION OF A DECK, ON PART OF LOT 41 AND LOT 5, BLOCK 32, HYDE PARK, THE SAME BEING 5772- 7TH STREET N.E., FRIDLEY, MN. 55432. THE REASON FOR THE DENIAL WAS THE LACK OF A HARDSHIP. Mr. Barna stated he wanted to emphasize that the only reason he was voting to deny the variance request was because of the undefined hardship. As far as satisfying the intent of the code, he would have no problem with it. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item would go to City Council on March 23. f.. APPEALS COMMISSION MEETING, MARCH 3, T987 PAGE 4 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-05,•BY CHRISTENSEN AUTO BODY INC., PURSUANT TO CHA T R- 2 5.14.3, C,T,TF THE FRIDLEY CITY CODE, T REDUCE THE SETBTc—K--FR-o—fF-A RESIDENTIAL DISTRICT BOUNDARY NE. M 0 FEET Th I 1 1:971:T TA AIJ AN G TC T r nilyl MO. M nNr-* T T C C DI V FRIDLEY, MINNE OTA, 55432. MOTION BY MR. BARNA, SECONDED BY DR. VOSi TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:50 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6501 EAST RIVER ROAD CHRISTENSEN AUTO BODY, INC. VAR #87-05 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.14.3, C, 4, requires that permitted buildings and uses be no closer to the boundary line of a residential district than 50 feet. Public purpose served by this requirement is to allow for planting buffers and screening. Section 205.09.7, D, 6, requires that where any multiple dwelling district is adjacent to any other residential district, there shall be a minimum fifteen foot wide screening strip to provide for a physical separation. Public purpose served by this requirement is to provide for adequate open space around commercial structures for aesthetic and development reasons. Section 205.14.7, D, 6, requires that where any commercial district is adjacent to any residential district, there shall be a minimum 15 foot side screening strip to provide for a physical separation. Public purpose served by this requirement is to provide for adequate open space around commercial structures for aesthetic and development reasons. lk a1 y lk 12. _ • No. FOR RFAPPROVAL AFMRRATVis! • • - - #65-03, TILLER GENERALLY.•C_:-4 y1) •'J • •1.. siDI� -i__. • ' •ILL•�� y3\.•• BY BAILEY NDTION by Councilman Schneider to adopt Resolution No. 27-1987 and waive the park fee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ice« .R�.. �.. "� +�� _ • ,.� � _: �1.�1�. !!<�.st.- --- - • � • y�_: ;�«' _ L��i NDTION by Councilman Fitzpatrick to set the public hearing on this rezoning request, ZOA #87-01, for April 6, 1987. Seconded by comcilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RECEIVINy THE MINUTES OF THE APPEALS COMMISSION MEETIWj OF NDTION by 4buncilwoman Jorgenson to table this item to the next regular meeting on April 6, 1987. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of March 11, 1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MWE�.« _R� !u 'I 1 �1�4�_ it rs '� •�15��1 L wa MNY U'LeVOTAft NDTMN by Councilwoman Jorgenson to receive the minutes of the Charter Cmanission meeting of January 12, 1987. Seconded by Oouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated three bids were received for this equipment and the low bidder was RGS Industries for a total bid of $26,436.74 which includes $22,903.74 for the pothole patcher and $3,533.00 -12- Councilman Schneider stated the ARA entered into an agreement with Woodbridge and part of the agreement included modification of the intersection and Council reviewed a concept plan. He stated they now have a detailed plan, but it wasn't his concept of the improvanent, and it can't be ganged because a delay would put the contract in jeopardy. Mr. Qureshi stated staff will submit any plans the Council wishes to the Highway Department, but there is the question of the timing since an amended plan would probably have to go through another review process by the Department of Transportation. He suggested this item be tabled to the next Council meeting and have the traffic consultant, Short, Elliott, and Hendrickson, address the Council at the conference meeting to review all the options. MOTION by Councilman Schneider to table this item to the next regular meeting on April 6, 1987 and discuss it at the Conference meeting. Seconded by Oouncilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • M,� _ 1 _ 1 . u • ' y _ 1 _ 1 1 •r �••l�i 1� s sL!' • �� 1 1 • JAI, '1 / • �+� �1 �;�+ ' NOTION by Councilman Schneider to table this item to the next regular meeting on April 6, 1987. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CON SIDERATION-OFRESOLUTION RED-UEMNG THEceSIU• • PARKING" SIG ON HAMW%W-LANE (M.S.A.S. 321) BETWEEN CENTRAL AVENUE AND HILLWIND-- M+ NOTION by Councilman Schneider to table this item to the next regular meeting on April 6, 1987. Seconded by Gbuncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. OONSIDM- TION OF A RESOLUTION AUTHORIZING THE POST OF "NO PARKING" SIGNS ON U= POINTE DRIVE (M.S A.S 345) BETWEEN WEST M30RE LAKE DRIVE AND TRUNK HIGHWAY 65: NOTION by Councilman Schneider to table this item to the next regular meeting on April 60, 1987. Seconded by CDuncilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. =kMM M" (Sim 701.3401 VO-kewro-weemasin owu(sumow-3-m-wom NDTION by Councilman Schneider to approve the permit for FMC corporation to place a communications cable on the City property and authorize the Mayor to sign. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -11- ••1 w 1 •- ... 1 .:1 .P • M; DID u • ,,•i; Mr. Robertson, Community Development Director, stated this item was tabled frau the last Council meeting in order to give the petitioner time to review some options regarding the use of this property for a less intense purpose. He stated there are 14 stipulations recommended by staff in oDnjmctjo6with this special use permit and are outlined on Page 2L of the ag da. Mr. Robertson stated it is recommended that the date, in stipulatio o. 6, for providing the concrete . curbing and gutter be changed from Jun 5 to August 15, 1987. He stated this would give the petitioner the oppo tunity to apply for a rehabilitation loan. He pointed out that staf , in no way, is guaranteeing he would receive such a loan. Mr. Waldoch stated he contacted the person interest in a video store at this location and he is willing to look at the s' e. He stated there is sufficient parking and felt the building would m t the code requirements. Mr. Waldoch stated if the building on this p operty could be used for a video store, it would solve a lot of problem , however, he did not know if it could be dine right away. Mr. Qureshi, City Manager, stated he anted to make sure Mr. Waldoch understood that the City isn't prcmisi g he would receive a rehabilitation loan. NOTION by Councilman Schneider to ant special use permit, SP #87-01, with the following stipulations: ) provide an eight foot high solid wood screening fence, as per amen City plan dated March 17, 1987; (2) all materials to be stored insi the fenced storage area below the top of the fence by May 15, 1987; (3) ' 1 landscaping, as per amended City plan dated March 17, 1987s, t include edging, mulch, weed barrier and lawn sprinkling by June 15, 87; (4) sod boulevard areas along Central Avenue, 73rd Avenue and 73-1,/ Avenue, as per amended City plan dated March 17, 1987, by June 15, 19 ; (5) repaint building facade and trim by June 15, 1987; (6) provide Ix inch concrete curbing with gutter, as per amended City plan dated March , 1987, by August 15, 1987; (7) remove concrete island from parking to by June 15, 1987: (8) repave parking lot, as per City Engineer speci ications, and stripe nine (9) stalls within private property by September 5, 1987; (10) parking area is for storage of street operable and/or lice d vehicles only (modif ied by staff on March 5, 1987) ; (11) parking of vehicles within street right-of-ways is prohibited - violators will be gged and/or towed; (12) no sales or leasing of vehicles is or will be pe tted on this site; (13) special use permit is for outside storage for 1 n care operation only and is intended for present owners only and is not ransferrable to future owners; and (14) special use permit to be r ewed in six months. Seconded by Councilman Goodspeed. Upon a voice V e, all voting aye, Mayor Nee declared the motion carried unanimously. � • � �•i •�• �• _yam_ • • � o-�� • • • •� • � • .��! —IF0 40 Dj -3- 4. 5. 6. 7. 8. Mr. Robertson, O mnunity Developnent Director, stated the petitioner did not state any hardship on his variance application or at the Appeals Commission meeting, therefore, the Commission recommended denial of this variance because no hardship was found. NDTION by Councilman Goodspeed to ooncur with the recommendation of the Appeals Cotmnission and deny this variance request, VAR #87-04, due to the lack of a valid hardship. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �• ► 1� :. Y • ► • : `• _ 1 • � �•� ��. � _ .tib ��::a +• '� �� « �.! .� Ol'PLZ3r�� Councilman Schneider stated he felt there were still some i sues to be resolved and, therefore, moved the following: MOTION by Councilman Schneider to table this item and ref it back to staff to address some of the issues previously discussed. Se nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, or Nee declared the motion carried unanimously. NDTION by Councilman Schnieder to table Fitzpatrick. Upon a voice vote, all motion carried unanimously. s item. Seconded by Councilman ng aye, Mayor Nee declared the NOTION by Councilman Schnei r to table this item. Seconded by Councilwoman Jorgenson. Upon a =T'F"Qm e, all voting aye, Mayor Nee declared the motion carried unanimously ERA A HIGHW&Y 65 110 FEETTRK HIGHWAY -65 (TABLED M�RM 23, 1987): MOTION by Coup lman Schneider to table this item. Seconded try Councilwoman Jorgenson. n a voice vote, all voting aye, Mayor Nee declared the motion carried una usly. V lkv% nw nvrwv+" by Councilman Schneider to table this item. Seconded by Councilman -4- t CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 March 26, 1987 Dan Beaman 5772 - 7th Street N.E. Fridley, MN 55432 Dear Mr. Beaman: Your request for a Variance, VAR #87-04, was tabled at the City Council meeting of March 23, 1987. It is scheduled tenatively for April 6, 1987. If you wish to withdraw this request, please notify me so we may remove this item fraan the table. If you wish to discuss this feel free to contact myself or Darrel Clark, the Building Inspector. Sincerely, Qin�� r/r�QYI� aures L. Robinson Planning Coordinator JLR/dm C-87-128 CITY COUNCIL ACTION TAKEN NOTICE Dan Beaman 5772 - 7th Street N. E. Fridley, Nit 55432 April 7, 1987 On April 6, 1987 the Fridley City Council ofticially denied your request for a Variance, VAR #87-04, to increase the distance a deck may extend into the required 10 foot side yard setback, from 3 feet to 5.5 feet, to allow the construction of a deck, on part of Lot 4, and Lot 5, Block 32, Hyde Park, the same being 5772 - 7th Street N. E. , due to lack of an acceptable hardship. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLWdm 'pone 10.7.1 6-1 KC, CITY ODUNCIL ACTION MM NOTICE Lan Beaman April 7, 1987 5772 - 7th Street N. E. Fridley, M 55432 On April 6, 1987 the Fridley City Council ofticially denied your request for a Variance, VAR #87-04, to increase the distance a deck may extend into the required 10 foot side yard setback, from 3 feet to 5.5 feet, to allow the construction of a deck, on part of Lot 4, and Lot 5, Block 32, Hyde Park, the same being 5772 - 7th Street N. E. , due to lack of an acceptable hardship6 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. lmbinson Planning Coordinator JLWdm Mr. Qureshi, City Manager, stated originally this agreement was a draft ordinance by staff and the attorney felt it didn't conform to law. He stated the agreement now clarifies an °associate member" and adds a termination clause, as well as several other minor changes. MOTION by Councilman Fitzparick to approve th ended Joint Powers Agreement to Form a Coalition of Metropoli Communities. . Seconded by Councilman Schneider. Upon a voice vot 1 voting aye, Mayor Nee declared the motion carried unanimously. 11. NOTIO�ed�tjhe ilman Fitzpatrick to adopt Resolution No. 32-1986. Seconded by Cochneider. Upon a voice vote, all voting aye, Mayor Nee de motion carried unanimously. 12 RFSQLr.�+T XN NO Z3—i 986 AUTHORIZING n LOT SLIT _ _ �_ #86-0 bl GENERALLY • 1.7i�L�/A\ 1V• JJ iw/VV .lVi��Vl\i A4• inr'ATFA AT 5738 7TH STREET NE., BY THOMAS BIQMBERG: 13. MOTION by Councilman Goodspeed to adopt Resolution No. 33-1986. In addition, the following stipulations shall apply: (1) Existing house to be removed prior to issuance of a building permit; (2) Park fee of $750 to be paid prior to issuance of a building permit; (3) Lot split to be recorded prior to issuance of a building permit; and (4) Variances for lot area from 9,000 square feet to 8,905 feet and lot width from 75 to 66 feet are approved with this lot split. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NOTION by Councilman Schneider to authorize staff to work ith the Michael Servetus Unitarian Society to identify two locations church directional signs to be installed approximately at the locati requested. Signs are to be approved by staff and the request gr ed because of the unique circumstances on the location of the c ch. Seconded by Councilman Barnette. Upon a voice vote, all votin ye, Mayor Nee declared the motion carried unanimously. 14. CLAIMS MOTION by Councilman B nette to authorize payment of Claims No. 7230 through 7489. Secondo by Councilman Schneider. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. 15. LICENSES• MOTION by ouncilman Schneider to approve the licenses as submitted and as on f 1 in the License Clerk's Office. Seconded by Councilman Barnette. Upon: -a' voice vote, all voting aye, Mayor Nee declared the motion carried -10- r'..r r'r:,:e_•:]1 l.lt;•' 1;V1:', J�:C.ay.a �..� .... . to , � .a,., �.,.;rs; ru: tia:► Of a sQcond accessorl• building on Lots 14, ] and 1G, along wth vacated 571_ rvenuc T.E. adjacent to the lot:., R1ocP; 4,..Ci .y Vie:: eld:iition, the sane being 475 57th Place Mr. ;;.,coin Ilartse was F�rsent. .!OT rO w.. i . t h c• r ::l•�•r i'r.1 c:::.. .411 votir:y t :r Ilarri s, sccon 1<:d by Lindblad, that i•,ding of the Pubic. Ile•�ring notice on 1 c rryi , si, 07 4-.Q: ,. by l:arvir. Hartse- t: e e the- r,.Otiol Carried unanivously- the Planning COnrli3siOr2 the request for upon a voice vote, . y , D1r_: Hartse said this storage building is designed like a little %shi to 1�.ru . and will be 12 feet by 14 feet. Mr. r,oardman said this- building is being placed on a walkway ed that a sidewalk will be construe easement; if it is determinted on this t::ll:aa• , it should beiventa 30ad�ynnoticethis tosrelocateecial use thispermit that tlic ,Ij--Eiti-oner will be g building. Mr,. Fitzpatric% asked Mr. Hartse if there was some reason he wanted to locate this buildinq so far back on his lot? Dlr. Hartse said this: Will be appro;:iraately 10 feet from his fence and the location falls beb::.en trees and he thought it would look better located there. Mr. Lindblad asked if the city has any plans at this time for Mg a side:ialk on this walkway? Mr. Boardman said no, but constrLi it could po;•sibly q9 in if the bikeway. proposal goes through. Dir- Boardman raid the fence would have to co a down the same timethe. buildinc %-:ould have to be relocated. Mr. Drigans asked what this building would he used for. Dir. Harte said he ams going to u,(- it for storage of his lawnmower, bicycles, etc Mr. lioardman Laid this Ilas to be anchored to a permanent foundation. Mr. ritzpatrick located this: building have to relocate it. building as shown on MOT L0:1 Cocrriri $ ;ion Permit, sl' the motion asked 1+-`. iiartsc if he was aware that if he five feet closer to his house that houldnst I•Ir. 11artse said he still wanted to Place the survey of his lot. BY Drigans, seconded by .lose tho Public llcaring P74-09, b!1 t1arvin Hartse. carilej unanimously. Lindblad, that the Planning 1 u✓t on the roquest for a SP upon a voice vote, all voting aye. h NOTroN.by Lindblad, seconded by Harris# t -t tnton special Use Perwito r�comai�:rd'to Coonril.approv-3l of the re9uidley cityfor a Section 205.051, 2, SP 674-=a3., by .Marvin R.rrtse, p an A, to 'a1low construction of ., second accessory acuildent ngtbeso 1ot1, Block and 1[:, along with vacatod 575 Avenue K.r. adJ s ; ' Con'n>>`•ior► Moctirg _ ;• •+2, 1974 Page 10 Plannir.+t '-'4, City Viet" Ar,clition th" same being 475 57th Place .v.E., with the stipulations t.+lit this building givencforlthc'reloc�tionaofethiscnt fbundation :pith a 3U day Upon a voice vote, all is dc^cic ped. buil,j;ng w -hen th" waIk+:ay ousy. the Potion carried rnjniml voting age • - r- .,j;S^1 cO'� A S^F-CIT.L USE PERi•'.T_T, SP z74-09. EY 5, PiTB1.IC lir. ,P.IZG: O.. 1_•• City Code Sc cti.on 205. t7 l, . Fz id ^_ � �. :Y It. r ---CT, I;-_� Per building on Lo`- 4. second accessory 1i,ialln:r construction of a 129, the same being 1533 Onondaga Street 1 Auditor's Subsion No. N.E. the petitioner's father, was present to O. Bourdeaux, represent the petitioner. NOTION by Drigans, seconded by Lindblad; ring the Planning Public Bearing notice on the requec: s Comnissia++s;aivc the re.aing of the oP7q-U9• by Anthony R. Bourdeaux. Upon a r for �� Special Use Permit, the motion carried unanimously. voice vote, all voting. age. Me StOae Bourdcaux said this -as a 12 footarts4foroa 19321Fordreir r ' i<ir. building Which his s on will use to store p lve He said • has aefencn all which he is restoring to mint Condition, boundary of this property park. the City becaus'-' tl:c Lest fyom Flanery separates this props Y along the lot line r:hich foundation this shed would have. = hie. Origann asked what type of Brighton and was not familiar with Mr. Pourdc:au: said he �:as from Nctir but his son would do whatever was required. t'r. concrete sli+L. the Frisky coucs, lanced to pour a he didn't thinl: hi -s son p arac!e is bcc: u:;. `son Sourdcaux said reason tiffs �'°n hcfntheenlarged ant to lie said the this his phis didn't s: and this ..ould require n surrey g gar; -go thin woad much rzcther add to his existing is 15 fc=t do. lie said his son and although his present garage: this storage building, City that he couldn't have the fro the neirtht•orinn fence, he was told by gas cYe garacle without a survey. lie said the City F loac house with add on to his present a a fcna� along one property line, and there is a new said they Y.ncw where the havinfi ' fence on the other side-. mr. Bourdeaux o to the erpensc of reason toogcrty ' easemonts were-, so his son saw no lines were. 1when he knew where all the property a survey done. to h ve to said the orLadds to -r wh nnhc bufldslng - Mr. fFarris anothcragara90 property survc yc:d .no matter w etitioner to him that lie said it woulu seem g ghat he really the present one. urvey building and ubuilding. would I,e bettrrc otf Lh�t`r`ienhe oftaJrnetal` toraged ,- wants than goinl to F Special use ilc tos the said heWouldStilislson whatave the planning Cor.�"ris:sion Mr. Bourcl•.a kll d permit considc-iu suggested. ' v o c eial Use ttOTiOf7 hu Arigans, seconaTed bit Lindblad, that the Plannin4 Cur.:u,i :siun Clc,s. the Public Beari-0 on the r�nu�✓vvieSt r vote. all votiu4 UP Permit, s!` R7d-U', by Antl3A:]y BOLTdeat7t. ORDINANCE NO. S41 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of streets and alleys described as follows: 1) The street right-of-way known as 58th Avenue described as follows: All that part of the 30 foot street right-of-way located North of and adjacent to the North line of Lots 1 and 10, Block 32, Hyde Park between the Northerly extension of the East line of said Lot 1 and the Northerly extension of Lot 30 of said Block 32, Hyde Park Addition. 2) All of the 12 foot alley located in Block 32, Hyde Park Addition, located between the Westerly extension of the North line of Lot 1, Block 32, Hyde Park Addition and the Westerly extension of the South line of Lot 5, Block 32, Hyde Park Addition. 3) The street right-of-way known as 57-1/2 Avenue described as follows: All that part of the 33 foot street right-of-way located South of and adjacent to Block 32, Hyde Park Addition and between the Southerly extension of the East line of Lot 5, Block 32, Hyde Park Addition and the Southerly extension of the West line of Lot 6, Block 32, Hyde Park Addition: All lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota Be and is hereby vacated except that the City of Fridley reserves the right over the following described tracts for drainage and utility purposes. 1) a) The North 20 feet of the East 155 feet of the above described portion of 58th Avenue to be vacated. b) The east 12 feet of the West 140.92 feet of the above described portion of 58th Avenue to be vacated. 2) All of the alley in the above described portion of Block 32, Ilyde Park Addition to be vacated. 3) a) The South 10 feet of the above described portion of 57-1/2 Avenue to be vacated. Page Two ORDINANCE NO.. 541 b) The east 12 feet of the West 140.92 feet of the above described portion of 57-1/2 Avenue to be -vacated. The City of Fridley also retains an easement for utilities, drainage, and a walkway over the North- erly 15 feet of the above described portion of 57-1/2 Avenue.to be vacated. SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF JUNE , 1973. MAYOR - Frank G. Liebl ' ATTEST: CITY CLERK --Marvin C. Brunsell Public Hearing: May 14, 1973 First Reading: May 21, 1973 Second Reading: June 4, 1973 Publish.......: Jame 13, 1973