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VAR 11.73�4>1 City of Fridley AT THE TOP OF THE TWINS r� � L-- —"CDIa9ldVCdITY DEVfflrOPNEF9T DIV. _--- PROTECTIVE. CNV-TCTION NPT, i ` CITY WALI_ FRIDL9V 504412 ,J GI$ -D00-3490 $URJEC.T APPLICATION TO BOARD OF APPEALS W4a=4m RQV. DATE 1 PAGE OF 1 2 APPROVED ®Y 800 Name Address Phone Legal Desc. Lot No. 11 Block No.Tract 1 or Addition Tem le Terrace Second Addition Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) T am r . ues ting that the City of Fridley allow me to building an d foot _ high fence on my rear property line, adjoining Oak Bill Park. black tup area fur the park ts abed for Tennis, basketball, -and it is only 17 feet f opgr y 4�ne. I do not feal that high fence is adequate. ,. Since the a 6 -'for Meeting Date A)J. '3, le?'73 Fee 0 /-C, 0 v Receipt No. Opinions and Recommendation by the Board of Appeals (0'0"� _ty _e� . For Above Recommendation Against Recommendations " City Council Action and Date r D. CL - 5J 6 6 - 7 Ov JA a,,-,-k 0 - tk) ���o -'ice 1 City ofFridley AT THE TOP OP THE TYvINB i. r ;--------COMMVNITY DEVULCa'MENT DIV. PIROTECTIVO MSftCTIOM 17:1PT, i CITY HALL FRIDLCIV 99042 �....�.� �`.J GIz-004-3460 l31AdEGT APPLICATION TO BOARD OF APPEALS (Staff Report) NUMEER 910-'. R2V• 0 DATE 2/15/73 PAGE OF 2 2 APVROVED BY 800 Conunents by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. Name Date Plan to Attend I LIRA Person 6aking appeal and the fo owing property owners having property Thithin 200 feet notified: Phone Notified B Name (Date or Mail (Initial) - - 3 VU 6 10 �aao-Q� �,Cd Y.2 ow4uo ' fila 2 AIA 0,�n -,Dec,- �i �l - o- ,3 0 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, November 13, 1973 to consider the following matter: A request for a variance of Section 45.154, 3, Fridley City Code, to increase the maximum height of a fence in a rear yard from 7 feet to 8 feet tq allow the erection of a privacy fence on Lot 11, Block 1, Temple Terrace 2nd Addition, the same being 501 - 532 Avenue N.E., Fridley, Minnesota. (Request by Mr. Viljo Onermaa, 501 - 53k Avenue N.E., Fridley, Minn.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS 2. The Minutes of the Board of Appeals Meeting of November 13, 1973 Page 2 Mrs. Wahlberg asked if there would be any entrance to the house from the garage or would the -garage opening into the family room be the only one. Mr. Camp said it would only open into the family room. MOTION by Crowder, seconded by P1emel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Drigans stated the hardship seems to be the lack of a garage. He said there seems to be no major problems with this variance as the adjoining properties have similar setbacks. Mrs. Wahlberg stated the setbacks would keep with the existing structures in the neighborhood and will not be a deterent. Mr. Plemel stated the addition will be bigger than the original structure and should add considerable value to it. MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, approval of the variances, the reason being, the hardship as discussed. He added further, years ago the setbacks were 35 feet on street sides of corner lots and this has now changed. Upon a voice vote, there being no nays, the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.154, 3, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A FENCE IN A REAR YARD FROM 7 FEET TO 8 FEET TO ALLOW THE ERECTION OF A PRIVACY FENCE ON LOT 11. BLOCK 1. TEMPLE TERRACE 2ND ADDITION. THE SAME BEING 501 ONERMAA, 501 - Mr. Onermaa was present to present his request. MOTION by Wahlberg, seconded by Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Onermaa stated he lives on the corner -of 531-2 Avenue and 7th Street. He said there is a playground adjacent to his rear lot line which has a lot of activity. He said balls land in his yard all the time and the kids climb over his existing picket fence and usually cause some type of damage. He said he wants to install a 8 foot chain link fence that he will pay for himself with no maintenance for the City. He said this fence will prevent the balls from coming into his yard as much and it will not block.the view of traffic. Mr. Crowder asked if it was correct that the Park Department had agreed to pay half of the cost of the fence if a 6 foot fence was installed. Mr. Onermaa answered that the Park Department was willing to pay half of a 6 foot fence but he wanted an 8 foot fence. He said it would just be along his back lot line because he now has a 4 foot chain link .on top of a retairring wall along 7th Street. He said this would make the kids walk around to the front gate to retrieve any balls that might go into the yard and would hopefully cut down on the damage caused to his property, especially when they aren't home. The Minutes of the Board of Appeals Meeting_ of November 13, 1973 Page 3 Mr. Crowder asked what the neighbors to the East have in the line of fencing and also what he thinks of the variance. Mr. Onermaa answered that he has a 6 foot redwood fence but he has a lot of trees, and there isn't as much activity on that end of the playground. He said his neighbor has no objection. Mr: Crowder said he*wondered if the neighbor would be coming in asking to add 2 more feet to his redwood fence and Mr. Onermaa said he didn't think he would because that fence is there already. Mrs. Wahlberg asked how high the retaining wall along 7th Street was and Mr. Onermaa answered it slants from 3 feet to 6 -feet, and then his 4 foot fence is on top of it. He said the City destroyed his original fence along 7th Street' and he paid for the new fence himself. Mr. Crowder asked Mr. Onermaa if he was aware that a 7 foot fence could be installed without a variance and Mr. Onermaa said he. was. Mr. Crowder asked if he had considered putting in a gate in this fence and Mr. Onermaa said he would not install a gate in it. Mrs. Wahlberg stated she was concerned that the kids will be walking on 7th Street to get to the gate to retrieve the balls. She said that could be dangerous as 7th Street is a busy street, but then she added, they would also have to walk around if a 7 foot fence was installed. Mr. Plemel stated he didn't think 1 foot would make that much difference. Mr. Crowder asked if he was putting up the fence to also block out the view of the kids and Mr. Onermaa said he was not. It was just to protect his property. Mr. Crowder asked Mr. Onermaa if he would go along with a 7 foot fence if the City would pay for half of it and Mr. Onermaa said no. MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Plemel, seconded by Crowder, to recommend to the Council, approval of the variance. Upon a voice vote, there being no nays, the motion carried. Mrs. Wahlberg said she felt the City should investigate planting vines, shrubs, etc., on the Park side of this fence. Howard Mattson said the City does have a plan to review and update all of its parks in the near future. 3. A REQUEST FOR A VARIANCE OF SECTION 45.073, IA, FRIDLEY CITY CODE, TO REDUCE THE AREA REQUIREMENT FOR APARTMENT UNITS FROM 2,500 SQUARE FEET PER UNIT TO 1906.08 SQUARE FEET PER UNIT TO ALLOW THE CONSTRUCTION OF A 130 UNIT APARTMENT COMPLEX ON THE SOUTH 698 FEET OF THE NORTH 1066 FEET OF THE WEST 385 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, T-30, R-24, ANOKA COUNTY, EXCEPT THE WEST 30 FEET TAKEN FOR STREET AND UTILITY PURPOSES, THE SAME BEING 6401 - 5TH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY WALL CORPORATION, 8030 CEDAR AVENUE SOUTH, BLOOMINGTON, MINNESOTA.') 212 REGULAR .COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 4 rules adopted by Metro Sewer that all property having sewer available are required to hook up to. the sewer systems by January 1, 1974. He said the authority \in enforcement would be the Chief Administrator of the Metro Sewer District. The only thing that could be done at the City level would be to waive the Fridley Sewer Lateral charge. Mayor Liebl called Mr. Johnson forward and said the City would support the position of the people's request, but this authority is at the Metro Sewer Board. Again, the City Engineer said the City could waive the lateral charge, but they could not waive the hook up requirement, this was up to the Metro Sewer Board. Mr. Johnson said he had tried to obtain connection with the system and he was told that he lived on an impossible hill and could not hook up to the City system. He referred to the reduction in his assessed value because the City had said it would be impossible to hook up to the sewer and water. Mr. Johnson said he would ask for fair, right and logical action. He questioned if the City ever provides the lift station for property owners. He stressed with the present elevation of his home and the present system, it is impossible to hook up. The City Engineer said this has been done, but it was done where there is more than one building site, and the area property owners are all assessed equally for the lift station. Mr. Johnson questioned if the three property owners would be able to share such a facility. The City Engineer said the property belonging to Mr. Johnson was by far the larger than the requirement for one building site and the expense would have to be divided accordingly. The City Engineer again stressed, it was not the City of Fridley who was forcing the property owners to hook up to the system, it is the Metro Sewer Board. The City Engineer said he would recommend the installation of an ejector pump as this would be a relatively small cost. He continued, no matter how the property owners hook up to the system, they would have to install the ejector pumps. MOTION by Councilman Starwalt to waive the lateral charge for the aforementioned three property owners, and that the permits for the installation can be obtained before the first of the year, but the work may be done in .the spring. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 13, 1973: A REQUEST FOR VARIANCES OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 28 FEET AND, SECTION 53, 4C, T REDUCE THE REAR YARD SETBACK REQUIREMENT FROM -2-57—EE—0 1 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING DWELLING, LOCATED ON LOT 2, BLOCK 3, REARRANGEMENT OF BLOCKS 13, 14, AND 15, PLYMOUTH ADDITION THE SAME BEING 111 -45TH AVENUE N. E., FRIDLEY, MINNESOTA (REQUEST. BY MR.BRUCE EDEG D, 1 5EN E. T, WIDLEY, MINNESOTA.): The City Engineer pointed out that the Board of Appeals had recommended approval of the variance and this would conform with the remainder of the neighborhood. MOTION by Councilman Breider to approve the variance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.1547, 3, FRIDLEY CITY CODE; TO INCREASE XIMU HEIGHT or A FE CE I REAR Y FROM 7 FEET TO 8 FEET-7—ACEW— � THE ERECTION OF A PRIVACY FENCE ON LOT, BLOCK 1, TEMPLETERRACE ADDITION, THE SAME BEING 501 - 53, AVENUE N. F.. FRTDIFY_ b9TNNFrnTA RF(llIFST The City Engineer said the variance request was for the construction of a eight foot fence and the fence would be constructed on his own property and he would pay for the total construction of the fence. Councilman Starwalt said he had been on the site and the fence was to be constructed on a retaining wall which would create a 12 foot barrier. He added, if the applicant'has requested this and the Park Department has no objection, he would have no objection if the property owner agrees to pay the full cost. 211 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 3 Councilman Breider said on the surface, he had thought this to be a worthwhile donation and a good idea, but the more he thought and learned about the donation, the more reservations he had. He mentioned the use of the bus by the various traveling teams in the City and said the young people would use the bus and the parents would travel to the games in the cars. He indicated this was unnecessary travel if the parents were attending the games and the members of the teams were being bused. He questioned the need for the additional creation of liability on the part of the City. He also questioned the use of the shuttle service from the Beach. Councilman Breider said he did not feel comfortable with the thought of the acceptance of the donation. Councilman Nee said he would not want the people from the Jaycees to be misled and he thought the matter in question to be the program, not the matter of questioning the type or age of the vehicle. Councilman Nie said he would like the matter to be discussed by the Parks and Recreation Commission. He repeated the question in the Council's mind was not a new versus an old bus. 'He said he would want to be sure the representatives of the Jaycees understood the feelings of the Council. Councilman Nee said he liked the idea of the shuttle service. He said he also realized the factor of the increase in responsibility, manpower and liability. He suggested working on the matter further to determine the factors involved. Mayor Liebl said he would like the details on the donation of the bus worked out more satisfactorily'. He said this should be reviewed by the Parks Commission to evaluate the questions and doubts. He said he would suggest this matter be tabled until March or until the recommendations of the Parks and Recreation Commission could be obtained. MOTION by Councilman Utter to table theconsideration of the donation of the bus by the Fridley Jaycees to the City of Fridley until the first meeting in March. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF FIRST READING'OF AN ORDINANCE DESIGNATING CREEK AND RIVER Councilman Nee said he thought this to be a very well drafted ordinance. His only concern was he would not want to unduly supress maintenance and routine upkeep. He said he would hate to pass something that would limit routine maintenance on the residential homes in the City. The City Engineer said the ordinance would apply more to the new construction in the City within the flood plain areas. He said there would not be a permit required for routine maintenance. He said his Department would go through the ordinance and clarify this point.He again said this would apply to additions and new construction,not routine maintenance. The City Engineer said the ordinance has been reviewed by the Department of Natural Resources. He said the ordinance.would be reviewed for Mr. Nee's questions and " checked with the Department again. He said the ordinance is to make people eligible for insurance, not to be unnecessarily restrictive. MOTION by Councilman Nee to adopt the first reading of the Ordinance designating Creek and River Preservation Management District, Regulating the Use and Development thereof, the issuance of permits, and providing penalties for violation. Seconded by Councilman Breider. Upon a roll call vote, Breider, Starwalt, Lieb'l, Utter, and Nee voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATIONS FROM HOMEOWNERS AT 6490 6470, AND 6454 RIVERVIEW TERRACE REGARDING WAIVING HOOKUP TO CITY SANITARY SEWER SYSTEM: MOTION by Councilman Utter to receive the communication from Mr. Elmer M. Johnson, i 6490 Riverview Terrace, Mr. John Koprowski, 6470 Riverview Terrace, and Mr. Frank Damon, 6454 Riverview Terrace. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor-Liebl asked if there was any objection to the Council waiving the fees. The City Engineer said the City Council would not have the authority to waive the connection, this would have to be up to the Metro Sewer Board. He explained the REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 5 213 MOTION by Councilman Starwalt to approve the variance to allow the construction of the eight foot fence at the expense of the property owner. Seconded by Councilman Utter. Upona voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said this item had been tabled at the Board of Appeals level. A REQUEST FOR A VARIANCE OF SECTION 45.135, 1, G2, FRIDLEY CITY CODE, TO The City Engineer explained this request was for the construction of a loading dock and the Board of Appeals had recommended the approval of the request. He added, the area would be screened. MOTION by Councilman Breider to approve the variance for the construction of the loading dock as requested by the D. W. Harstad Company, Inc. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF SECTION 45.134, 3A, FRIDLEY CITY CODE TO INCREASE i Im i nr rn FRAGF FRnM 4n PFR CFNT TO 43 PER UNI . 0 45.134, , The City Engineer said this variance would bring the construction of the building in line with the property next to it. MOTION by Councilman Breider to approve the request for the variance by Assurance Manufacturing Company. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of November 13, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF NOVEMBER , 7 MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission Meeting of November 13, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the.motion carried unanimously. RECEIVING THE BIDS AND AWARDING CONTRACT SS&SW #114: The City Engineer said he would recommend the bids be received. He advised the Council that Minn -Kota Excavating bid was received three minutes after the bid opening started and after the bids from two other firms had been opened. MOTION by Councilman Utter to receive the bids as follows: r 214 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 Orvedahl Construction, Inc. 7711 Country Club Drive Minneapolis, Minnesota 55427 Irving Lamppa Construction, Inc. 232 Valley View Road Chaska, Minnesota 55318 C. S. McCrossan, Inc. Box 336 Osseo, Minnesota 55369 Arcon Construction Co., Inc. Mora, Minnesota 55051 Lametti & Sons, Inc. 2560 North Cleveland Avenue St. Paul, Minnesota 55113 Barbarossa & Sons, Inc. Route 3 Osseo, Minnesota 55369 Nodland Associates, Inc. Alexandria Minnesota 56308 Marvin Rehbein Contracting, Inc. Route 2, Box 222 Forest Lake, Minnesota Hoffman Bros., Inc. Atwater Minnesota 56209 Walbon Excavating Company 3242 Highway 8 Minneapolis, Minnesota 55418 Dawson Construction Company 1803 South Ferry Street Anoka, Minnesota 55303 American Contracting 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 Nbrthdale Construction Co., Inc. 8208 Northwood Parkway Minneapolis, Minnesota 55427 Northern Contracting Company Box 650 Hopkins., Minnesota 55343 Shafer Contracting Co., Inc. Shafer Minnesota 55074 McDonald & Associates, Inc. 211 Pascal St. Paul, Minnesota 55104 Bicon Construction Co., Inc. 1935 West Coupty Road B2 St. Paul, Minnesota 55113 $ 382,206.00 No Bid 446,554.25 No Bid No Bid 401,984.00 660,000.00 No Bid No Bid 474,556.00 No Bid No Bid 371,784.55 465,000.00 537,267.50 .429,804.20 No Bid PAGE 6