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VAR 10.69OFFICIAL 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 Wednesday, October 29, 1969 to consider the following matter: A request for a variance of Section 45.24, Fridley City Code, to reduce the sideyard requirement from 5 feet to 1 foot 7 inches to permit the construction of an attached garage onto existing dwelling located on Lot 11, Block 5, Rice Greek Terrace Plat 3, the same being 450 -67th Avenue N.E., Fridley, Minnesota. (Request by Mr. Thomas W. Klein, 450 -67th Avenue N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS PUBLISH: October 15, 1969 I October 15, 1969 To whom it may concern; Consent is hereby granted to Mr. Thomas Klein, property owner of —Lot 11, Blk. 5 -- Rice Creek Terrace— Plat 3- 450 -67th Avenue N. E. Fridley, Minn. for variance in reducing sideyard from the established 5 Peet to 1 foot 7 inches regarding attached garage and abounding property on the East side. This consent is granted with the condition; that all drainage and runoff from this said structure will not interfere or drain on the East abutting property,and no part of this or any attached structure will over— lap the East abutting property. Joseph D. Christensen LaVonne H. Christensen Owner of residence at _460— 67 th Ave. N.E. Fridley, Minnesota Plata— Lot 12— Blk, 5 Rice Creek Terrace U Irmo~,lit¢n Life Insurance Companl Cit'. biarh:agr� PLO's' SKETCH AND FLOOR PLAID' �f(i;lilC;rilCill nllllib....................................... .... Correspondent...... THO�?E- BROS... 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Ft e _0 700 new _ $17 _4.72.0.01 of both streets between which a � per ..yr for 10 yrs. = � +74,7.99 the house is Iocated, and show � Less 1;�- ,r 5� the distance to the nearest .-•--•--•-•............................................•-- 1 2 �� corner. `'p r� bbt-- S , � S z 14 w E 14, -44 J At�} 'i ' `� ,pR �':r ,off �,:. a'y y�eE �= •�' ;. � . yt et „«� y ,y1''"%.� .f.:: i.: ., �rA� yi --._ *� k° r�•fiS F � 0�s,�,C �`'- k( Al AL All ik a : k+� .r'R >, aa.b�•'' � �-� ��s a � ,.:sir 4 ST' . �' _ - r<rJ •�.. .ir.�. � 1 �VW. Ig wy- 411 y� _ PV 2a G .. .fit` s a 'a• '�' ' { t M i ':rrl°� -41 I II I i Ili I I i i I I I I i I I l I P I II I U I i � M Ar 6, r� Ll C � I f Ij I I I I I I I ST: '0 6 � I, a I a �. b r 8 I� d e3 C, I � � � I It esu S u I I I I I I I I�r Q 'c-' ju A- t I J IIS c e� U�aa � -y�� ;;�� yam//�rl���j,� �vr.•��/..�-- /��� �t/,�.,�./�y1 Tx��/ Q!��►�'/-. L �f i Q vp Q vp Z 40 O SSt �t 1 � � f v. �$ ,tea k " 4 r j . APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) �D l jy® °l 1. Name and Address of Applicant ® A L-jllvl � i�w 2. Legal Description of Property (also general location, such as, -"north- east corner of 64th Avenue and 5th Street" or 6415 Fifth Street") � L S. Describe the variance requested. (Attach Plat or SUTVCV C�' showing location of proposed building, etc., also adjcia7A. 0;" and ownership within 200' of said property.) 4. Comments by administrative official denying original ,request for building permit or other permit. (To be completed by administrative officimi. Appropriate ordinances and section of ordinances to be -a S. Not ice of f date$: (mast ba at attached). s 2 appeared in Official Newspaper on the following 6. Board Members i®otified of meeting by,�.a� �'),^1 4 6 9_ (Lias M ers, Date Notified, and 11Tes" or—'Nd' for plans to attend hearing). . a Name �0►J a� ►rrEi S � Ali i ?loan to Attend 4" ►c A �2c2iS L -S 7o person making appeal and the following property ewers hav ng property within 2001 mmotifted: Name Date a&TIA) AIsT�� you -&7,d e., ®&i >o SACKy, & P,64 (n , qJo -V) 7IlA,ee J:UesTa A.Alto0-OA),-- F�®1I 0 U- By Phone Totified by or ail (E nitial) 127,4 0. Tho+ aolloving Board Members and interested parties were present at the Resiting S PLIS• , �s .TAPh E S T44Y F- C , 3191J - 66, 7-4 R,16 N. c ©0--rAV . Say l4tie, 3-)3 -(0107" ,div,, AJ -L �Aky , 3,71 -66-To 1401- N-�, LLvye ,d.cliutUtrdu-,;,, 3109 -l910 -''t 4LIf nJ.�, -JoN LA2so,v, Yf ?-&(07d P7UF 4j,6. A6eA44am a, m;gpe-ct& , Nam -(o7 ; 4i �, L4L( Tba S7 -,j n►L''y , 411q Q <c e,e. A2LmaU- FFNse� (o') A&L6Ei?T CkjjLn1, q61- fag N Uj(41/ jjjt d�FLsaAj 1 0 ( ) rr1 - 3 - OTHER PARTIES: HAM ADDRESS 9e opinions and recc eadatio ns by BOARD OF APPEALS: %0, For Above Rae meneatims A0tj /)I IT'TELs i Qct vm AJ I.5 t �m —. ,e '19 L) til C)A) b, f4 c s 11. Action by Citgo Council and Date: 4 /�qa 19, /Q& 9 - Against Recamendeti®ns 0 THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 29, 1969 The meeting was called to order by Chairman Mittelstadt at 7:35 P.M. MEMBERS PRESENT: Mittelstadt, Harris, Minish, O'Bannon MEMBERS ABSENT: Ahonen OTHERS PRESENT: Hank Muhich-Building Official MOTION by Harris to approve the minutes of the October 15, 1969 meeting as written. Seconded by Minish. Upon a voice vote, all voting aye, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.16, PARAGRAPH 4, r-xil)lj�z LUTI L;u.uB, TO REDUCE THE MINIMUM FOOTAGE REQUIREMENT BETWEEN M-2 ZONING AND _R-1_ZONIN FROM 1500 FEET TO ZERO FEET TO PERMIT THE EXPANSION OF A RAILROAD YARD DEPARTURE TRACKS AND SLOPE EXCAVATION COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTH LINE OF 40TH AVENUE NA. AND THE CENTER LINE OF MAIN STREET; THENCE WESTERLY ALONG AN EXTENSION OF SAID SOUTH LINE A DISTANCE OF 450.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG THE LAST DESCRIBED LINE A DISTANCE OF 274.21 FEET TO A POIN THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 696.96 FEET TO A POINT: THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE FRIDLEY AND IN THE VICINITY OF GRAND AVENUE CALIFORNIA STREET, FRIDLEY, MINNESOTA. REQU COMPANY. 176 EAST 5TH STREET, ST. PAUL, MINN 2. A REQUEST FORA SPECIAL USE PERMIT ITT CODE TO PERMIT THE EXPANSION DEPARTURE TRACKS AND SLOPE EXCAVAT 40TH AND 41ST AVENUES N.E., COLUMBIA HEIGHTS AND ST BY NORTHERN PACIFIC RAILWAY .SOTA. :ON 45.16 , PARAGRAPH 4, FRI]DLNY LOAD TRACK IN M-2 ZONING ACING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTH LINE OF 40TH AVENUE N.E. AND THE CENTER LINE OF MAIN STREET; THENCE WESTERLY ALONG AN EXTENSION OF SAID SOUTH LINE A DISTANCE OF 450.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG THE LAST DESCRIBED LINE A DISTANCE OF 274.21 FEET TO A POINT,; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A_ DISTANCE OF 696.96 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING, GENERALLY LOCATED BETWEEN 40TH AND 41ST AVENUE N.E. FRIDLEY AND IN THE VICINITY OF GRAND AVENUE COLUMBIA HEIGHTS AND CALIFORNIA STREET, FRIDLEY, MINNESOTA. REQUEST BY NORTHERN PACIFIC RAILWAY COMPANY. 176 EAST 5TH STREET, ST. PAUL, MINNESOTA. Chairman Mittelstadt explained to the people that were present to voice their opinions, that the Board had decided to table these two requests. The main reason being a quorum of the members was not expected to be at this meeting, and also, since there were 4 other requests on the agenda to be considered at this meeting, the Chairman felt the Board would not have sufficient time to go over the two items as much as they would like to. The people that were present to voice there opinions were as follows: Mr. Forrest Cornelius, 4020 Main Street N.E. Mr. Henry Zimmer, 4021 California Street N.E. Dalene Austin, 10 -41st Avenue N.E. Mable Gadbois, 4000 Main Stareei Dennis Bertram, 4042 Main Street J The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 2 Chairman Mittelstadt informed these people that they could appear before the Board again on November 12, 1969, when the representatives of Northern Pacific would be present to answer any questions they might have. MOTION by Minish to table the two requests by Northern Pacific Railway until the November 12, 1969 meeting. Seconded by O'Bannon. Upon a voice vote, all voting aye, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 45.24, OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIR1' FROM 5 FEET TO 3 FEET, TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING DWELLING LOCATED ON LOT l6 BLOGK12 MELODY MANOR 22 ADDITION, FRIDLEY, MINNESOTA. REQUEST BY PAUL AMUNDSON, 7404 CONCERTO CURVE N.E.. FRIDLEY. MINNESOTA. Mr. Paul Amundson was present to present his request. Mr. John Polymeros, representing the Sussel Company, was also present. Mr. Amundson presented to the Board a letter written by his nieghbor, Mr. Fred Glany, 7400 Concerto Curve, which states that he does not object to Mr. Amundson building a garage 3 feet from the property line. MOTION by O'Bannon to accept the letter from Mr. Glany. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Polymeros explained to the Board that the garage will be 21 feet by 26 feet, which is the minimum width for a double garages in this case, as we need room to install three steps going into the house from the garage. A survey of the land and pictures taken by the Building Inspector, were shown to the Board for their review. The survey showed Mr. Amundson's house to be 24.01 feet from the lot line and 34.01 feet between structures. A discussion followed on how the garage was to be joined to the house.. MOTION by O'Bannon to close the public hearing. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Harris felt that although the applicant has the concurrance of his neighbor, there still should be 15 feet between structures and in this case there would be only 13 feet. Mr. Polymeros stated that they could put 5/8 inch sheetrock on the wall facing the neighbors house so they would have a 1 hour fire wall. The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 3 Mr. Minish felt that that a hardship had not been shown as a single garage could be built in the same location without asking for a variance, and a double garage could be built in the back yard as there was no difficult terrain to deal with. He also stated he knew that a single garage was not as desirable as a double garage but since the applicant could stay within the limits of the City Code by building a single garage that a hardship was not shown. Mr. O'Bannon was in favor of the variance as the applicant prefers a double garage and the abutting neighbor does not object and there were no other people present that objected. He also felt that a single garage was just about useless and that a double garage would increase the value of this house and also increase the value of the neighborhood. .Chairman Mittelstadt was in favor of the variance if the applicant would agree to sheetrocking the far end wall along with the ceiling and the common wall. MOTION by O'Bannon to approve the variance for the following reasons and one stipulation: 1. The abutting neighbor does not object 2. The construction of the house does not permit the necessary space needed to build a double garage. Stipulation: 1. The garage be sheetrocked with 5/8 inch sheetrock on the common wall, ceiling and on the far end wall. Seconded by Harris. Upon a voice vote, Minish voting nay, the motion passed. 4. A REQUEST FOR A VARIANCE OF SECTION 4 .24, FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIREMENT FROM 5 FEET TO 1 FOOT 7 INCHES, TO PERMIT THE r CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING DWELLING LOCATED ON LOT 11 BLOCK 5, RICE CREEK TERRACE PLAT 3, THE SAME BEING 450 -67TH AVENUE N.E. FRIDLEY MINNESOTA. (REQUEST BY MR. THOMAS W. KLEIN 450 -67TH AVENUE N.E., FRIDLEY. MINNESOTA. Mr. Klein was present to present his request. Mr..Jim Thayer was also present. Mr. Klein present to the Board a letter from his adjoining, Mr. Joseph Christenson, 460 -67th Avenue N.E., stating that he did not object to the variance but he did have one stipulation. That stipulation was "That all drainage and run-off from this said structure will not interfere or drain on the East abutting property, and no part of this or any attached structure will over -lap the East abutting property." MOTION by Harris to accept the letter from Mr. Christenson. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 4 Mr. Klein explained he could not build the garage in the backyard because of the slope of the land. Chairman Mittelstadt asked the Building Official if the Building Inspection Department had gone out and measured the distance between the present structures. The Building Official stated that they had measured 29 feet between structures. He also said that Mr. Klein had started building the garage. Mr. Klein told the Board that he was under the impression he could start building as he felt he had, in a way, applied for a building permit by applying for a variance. He also said the Building Inspector had inspected the footings. Further discussion followed which included the drainage, present house and roof line, overhang, joining the house and garage together and the situation of the garage. Mr. Thayer was interested in how the garage and the house were going to be joined together. He did state that he felt Mr. Klein had no other .place to build the garage except the place he was now building it. MOTION by O'Bannon to table this item until the November 12, 1969 meeting for the following reasons: 1. Get a memo from the Building Inspector stating that there are frost footings. 2. Bring a plan of roof line and the elevation of the building. 3. Get measurements from present house to the lot line and measurement between structures. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried. Uhairman Mittelstadt informed the applicant that the Board would like to see Mr. Christenson at the next meeting as he has an objection to the drainage off from the roof of the proposed garage. 5. A REQUEST FOR A VARIANCE OF SECTION 45.24 FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIREMENT FROM 5 FEES.' TO 1 FOOT TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING DWELLING LOCATED ON LOT 12. BLOCK 1. 1*1ZL& UW1X1Uurt ThaiLtAUE TriE 6ALhE BEING 7627 BACON DRIVE N.E. FRIDLEY MINNESOTA. REQUEST BY MR. DONALD G. SANTER, 7627 BACON DRIVE N.E., FRIDLEY MINNESOTA. Mr. Don Santer was present to present his request. Mr. Santer explained that he wants to build an 18 foot garage with a 16 foot door and a service door in the rear. There is 19 feet to the lot line and the neighbor has 18 feet to the lot line so there will be 19 feet between structures. The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 5 Mr. Santer presented to the Board a letter from his ajoining neighbor, Mr. W. M. Sharp, 7613 Bacon Drive N.E., stating he did not object to Mr. Santer building the proposed garage within 1 foot of the property line. MOTION by O'Bannon to receive the letter from Mr. Sharp. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Santer explained that he has not had the property surveyed but he will do so if the variance looks favorable. He also had no plans for the proposed garage. Discussion followed covering the overhang of the garage and the roof line and the joining of the garage to the house. MOTION by O'Bannon to table the request until such time as the applicant presents a survey and a floor plan to the Building Inspection Department. Also the applicant will have to get exact measurements for how many feet between structures and for how many feet to the lot line the present house is. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. 6. A REQUEST FOR A SPECIAL USE PERMIT, PER SECTION 45.16, PARAGRAPH 1, FRID CITY CODE, TO PERMIT THE ESTABLISHING OF A GOLF DRIVING RANGE TO BE LOCA ON PARCEL 3600, SECTION 2 T-30, R-24, ANOKA COUNTY MINNESOTA THE SAME BEING 8100 UNIVERSITY AVENUE N.E. FRIDLEY MINNESOTA.R UEST BY ROGER M. JONES. 185 CRAIGBROOK WAY N.E.. FRIDLEY. MINNESOTA 55432. Mr. Roger Jones and Mr. Al Davies were present to present the request. Mr. Jones presented a sketch to the Board showing the layout of the golf range and where the buildings will be located. He explained the soil is good for a driving range and the water is in in this area but there is no sewer available, so a cesspool would be provided. Chairman Mittelstadt felt since we don't have an overall plan for this area that this golf range will start to open up this land. Mr. Harris felt that although we don't have a plan for this area as yet, the golf range would be good for the area as we would be cleaning up some of the weed problem and we would be creating some motion in land development in this area. Mr. Minish felt the golf range would not be incompatible with anything that is the area and for that reason it would not inhibit anything that might come up. The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 6 Mr. Harris stated we will be improving the area and it can't do anything but help us. It may speed up the development of the area and it may move the City to make up a long range plan for the area. MOTION by O'Bannon to close the Public Hearing. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Harris to approve the request as the Board agreed it would- be an improvement to the area in every way. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. The Building Official presented a letter to the Board, from Mr. Robert Olson, 5614 -5th Street, which stated that he still plans to stucco his addition to his home but due to a change in the original estimate he is forced to delay this work for a time. Mr. Robert Olson was before the Board of Appeals for theaddition to the house and one of the agreements was that he stucco the addition to match the house. MOTION by Harris to receive the letter from Mr. Olson. Seconded by O'Bannon. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURM'IEN ': The meeting was adjourned by Chairman Mittelstadt at 10:15 P.M. Respectfully submitted, V� 12�4 MARY HINT Secretary C? THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 12 1969 The meeting was called to order by Chairman Mittelstadt at 7:30 P.M. MEMBERS PRESENT: Mittelstadt, Ahonen, Harris, Minish MEMBERS ABSENT: O'Bannon OTHERS PRESENT: Hank Muhich-Building Official MOTION by Minish to approve the minutes of the October 29, 1969 meeting as written. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45 24, FRIDLEY CITY CODE, TO REDUCE Tf SIDEYARD REQUIREMENT FROM 5 FEET TO 1 FOOT 7 INCHES, TO BERMIT THE CONSTRL OF AN ATTACHED GARAGE ONTO EXISTING DWELLING LOCATED ON LOT ll BLOCK 5 1 CREEK TERRACE PLAT 3 THE SAME BEING 450 -67TH AVENUE N.E. FRIDLEY MINNES (REQUEST BY MR. THOMAS W. KLEIN, 450 -67TH AVENUE N E , FRIDLEY, MINNESOTA. Mr. Klein was present to present the request. Mr. Joe Christenson, the adjacent property owner, was also present. MOTION by Minish to remove this request from table. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Mittelstadt explained briefly what had been discussed at the October 29, 1969 meeting, and the requests the Board had made of Mr. Klein. These requests being: 1. Applicant to get a memo from the Building Inspector stating that frost footings were in. 2. Applicant to get exact measurements between present house and lot line, and measurement between structures. 3. Applicant to bring a plan of the roof line and the elevation of the building. Mr. Klein presented to the Board a sketch showing where the frost footings were, which was signed by the Building Inspector. MOTION by Minish to receive the sketch. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Klein also presented to the Board, a detailed roof line plan and he had the measurements that were requested. The distance between structures is 29 feet and the distance between the present house and the lot line is 17 + - feet. The proposed garage is 27 feet by 24 feet 5 inches, making the distance between structures 13 feet 7 inches. Mr. Joe Christenson, 460 -67th Avenue N.E., was asked by Chairman Mittelstadt what his feelings were about the proposed garage. Mr. Christenson answered that as long as Mr. Klein followed the conditions that were stated in his letter, that was presented to the Board last week, he had no other objections. The conditions were that there be no drainage or runoff from the proposed garage onto his property and that no part of the garage will overlap his property. The Minutes of the Board of Appeals Meeting of November 12, 1969 Page 2_ Mr. Klein stated that the eave will be 10 inches from the property line and he would put on an eave trough right away. He also said he would match the garage siding with the existing house siding. Mr. Jack Kirkham, 430 -67th Avenue N.E., was interested in the measurement between structures. He felt that the 15 feet between structures, as stated in the City Code, should be upheld in all cases. He asked Mr. Klein if he could make the garage smaller to stay within the 15 feet. Mr. Klein answered that he needed a 2 car garage. A long discussion followed which covered the main hanging door of the garage. The Board felt that with the type of roof connection needed between the house and the proposed garage, the door would be impossible to hang and still have room for a car to go underneath. Different possibilities were discussed as to how Mr. Klein could redesign the proposed structure, to allow for the door, and still come out with the same roof line. They also felt a 15 foot 5 inch garage was to small for a 2 car garage. No definite decision was made. MOTION by Ahonen to close the public hearing. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Minish to grant a variance from 5 feet to 3 feet instead of from 5 feet to 1 foot 7 inches, as he felt this was adequate room to build a garage, and also this would maintain the 15 feet between structures. This motion would have the stipulations that: 1. The proposed garage be redesigned, and the completed redesigned plans be submitted to the Building Inspection Department for apprmral. The approval would depend on a workable hanging door and an adequate support beam. 2. The roof alignment be in accordance with the plans that were submitted at tonights meeting. 3. Rain gutters be installed on the East side of the garage, adjacent to Mr. Christenson's property. 4. There must be 15 feet between structures regardless of the variance granted. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. The Building Official stated that a new survey must be submitted before the permit will be issued. 2. A REQUEST FOR VARIANCES OF SECTION 45.25 TO REDUCE THE REAR YARD REQUIREMENT FROM 25 FEET TO 16 FEET, AND SECTION 45.26 TO REDUCE THE FRONT YARD REQUIREMENT FROM 35 FEET TO 28 FEET TO PERMIT THE CONSTRUCTION OF AN ATTACHED 3 CAR GARAGE AND FAMILY ROOM ONTO EXISTING DWELLING LOCATED ON LOT 1, BLOCK 3, SYLVAN HILLS SAME BEING 6280 UNIVERSITY AVENUE N.E., FRIDLEY, M1 MR. WILLIAM D. CAMP JR.. 6280 UNIVERSITY AVENUE N.E Mr. Camp was present to present the request. He brought with him pictures of present dwelling, survey of lot dated 1957, and plans for the proposed garage and addition. Mr. Camp stated that he had asked the neighbors if they would object to the proposed addition and garage and they had told him that they would not. The Minutes of the Board of Appeals Meeting of November 12. 1969 Page 3 Mr. Camp explained to the Board that his house is setback further from the University Avenue Service Road than the other houses. The house is set back 35 feet with the front steps extending beyond that to be setback only 27 feet. The garage will be set 1 foot ahead of the front steps. In the back yard the back steps extend out to be 15.18 feet from the lot line and the back of the addition will be 16.18 feet or 1 foot further away from the lot line. MOTION by Ahonen to close the public hearing. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Harris to grant the variances for the following reasons: 1. It will improve the property. 2. It will be compatible with the surrounding area. 3. There were no objections from the neighboring residents. 4. The house is still set back further, with the addition, than other houses on the street. 5. The rear of the addition will be one foot further away from the lot line than the existing back steps. Seconded by Minish. Upon a voice vote, there being aro nays, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 45.16, PARAGRAPH 42 FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FOOTAGE REQUIREMENT BETWEEN M-2 ZONING AND R-1 ZONING FROM 1500 FEET TO ZERO FEET TO PERMIT THE EXPANSION OF A RAILROAD YARD (DEPARTURE TRACKS AND SLOPE EXCAVATION) CONIENCING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTH LINE OF 40TH AVENUE N.E., AND THE CENTER LINE OF MAIN STREET; THENCE WESTERLY ALONG AN EXTENSION OF SAID SOUTH LINE A DISTANCE OF 450.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUT.NG 14ESTERLY ALONG THE LAST DESCRIBED LINE A DISTANCE OF 274.21 FEET TO A POINT; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 696.96 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING, GENERALLY LOCATED BETWEEN 40TH AND 41ST AVENUES N.E., FRIDLEY, AND IN THE VICINITY OF GRAND AVENUE, COLUMBIA HEIGHTS AND CALIFORNIA STREET, FRIDLEY, MINNESOTA. (REQUEST BY NORTHERN PACIFIC RAILWAY COMPANY, 176 EAST 5TH STREET, ST. PAUL, MINNESOTA.) 4. A REQUEST FOR A SPECIAL USE PERMIT, PER SECTION 45.16, PARAGRAPH 4, FRIDLEY CITY CODE, TO PERMIT THE EXPANSION OF A RAILROAD TRACK IN M-2 ZONING(DEPARTURE TRACKS AND SLOPE EXCAVATION) COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTH LINE OF 40TH AVENUE N.E. AND THE CENTER LINE OF MAIN STREET; THENCE WESTERLY ALONG AN EXTENSION OF SAID SOUTH LINE A DISTANCE OF 450. 79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG THE LAST DESCRIBED LINE A DISTANCE OF 274.21 FEET TO A POINT; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 696.96 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING, GENERALLY Fj-i a -DL- 3ww] MOTION by Minish to remove these two requests from table. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously, The Minutes of the Board of Appeals Meeting of November 12, 1969 Page 4 Mr. Russell Thompson, Assistant Director of the Construction Project, camb forward to present the requests. Mr. Thompson brought with him an aerial photo of the main area with an overlay of the proposed yard. He then explained to the audience and to the Board that Northern Pacific is asking to construct an automatic classification yard in the area between 40th and Ord Avenues in Fridley. They want the variance to allow for the construction of 5 departure tracks that would go across a small corner of land (Zoned R-1) that is about 250 feet by 635 feet and additional tracks that would go across a portion of the yard. The rest of the change is necessary to slope the ground from the first elevation which is about 15 feet above the proposed yard. We will have a one to one slope down to the new elevation and then the tracks constructed beyond that. From the tracks to the residential property there would be in excess of 700 feet. Between the railroad yard and the homes there is a wooded area that will slope down about 10 feet to the point where we will begin our excavation. Mr. Thompson explained further that a automatic classification yard is a yard that is designed to operate by gravity. In other words, they would shove a string of cars from the receiving yard, which would be located in the present yard area, down the track to a hill that they would build, about 24 feet high, and then cut off the cars one by one as they reach, the top of the hill. They would then be carried by gravity onto the various tracks, where the cars will be classified or blocked for further moving. Th'e speed of the cars is controlled by a retarder which inturn is controlled by a computer which will take into account the curvature of the track, the grade of the track, the distance in on the track the cars are supposed to go, in addition to the weight of the car and the rollability of the car. Then the computer will decide what speed the car should leave the retarder at. By doing this, they are reducing the banging and clattering of cars. It will also eliminate the necessity of flat switching, with the engine stopping and starting, backing up and going forward, trying to get the cars into the various tracks, thereby eliminating alot of this on 43rd Avenue. He also stated that the yard was built in 1911, expanded in 1917, and it is so outdated that we have to do something if we are to remain in competion with other railroads. Not only does the railroad gain, but the shippers in the area as well, by reducing the amount of terminal time on their cars. Northern Pacific would fence the top of the slope to keep anyone from inadvertently walking down the slope. We would fence all the way down to St. Anthony. The City of Minneapolis has a condition on their approval that we do fence the area. Mr. Thompson then went over taxes, noise level (The retarder sound is higher pitched and more penetrating but the noise level will be about equal to what they now have.), different types of cars, and other yards similar.to this one. The audience then came up to the map to discuss the operation with Mr. Thompson. Mr. Henry Zimmer, 4021 California Street N.E., stated that he thought it would be rather noisy for the residents who live around the tracks. The Minutes of the Board of Appeals Meeting of November 12, 1969 Page 5 Mr. Thompson answered that they will not build the yard, if they can't meet the noise requirements of the residents in the area. We plan to build a barrier on top of the existing slope which is about 50 feet above our track level. This barrier will be from 6 to 10 feet in height which will create an additional barrier for noise. Mr. Zimmer: I hope when they start blasting and excavating that they don't go all night long. Mr. Thompson: We can control the blasting to the day light hours but the work will be on a 24 hour basis at the start. The size of the blasts will be kept at a minimum so we don't damage any property. Mrs. Zimmer: How much of the property that you need for this new operation do you already own? Mr. Thompson: We own probably 75% of the property. We are negotiating for the purchase of the other property and if we can't settle for a reasonable price we do have the right of eminent domain. Mrs. Zimmer: Isn't there some other place with more open area where you could build this? Mr. Thompson: We would have to go out of town some 16 or 17 miles to come anywhere close to a place like we have here. Bernice Maynard and Gay Hanson were present but they had no questions. _Betty Bordon, owner of Minnesota Silica Sand, was concerned about their property but she had no questions. Mr. Harris: How are you going to light this yard? Mr. Thompson: We would have lighting shining down the tracks. We presently have flood light towers at various points in the yard. We turn these as much as possible to shine away from the residential area. Robert Brokow, General Land Agent for Great Northern Railroad, stated his opinion as being: We are in favor of the yard because upon merger we will be directly involved in it. What we are looking at is a community industrial betterment for the overall Train City area. If the merger does go through, we will be working directly behind them to get this assembly in this location. It is alot easier to expand a facility like this than to find a new location. Mr. Harris: When do you expect to start this. Mr. Thompson: We have hopes to begin in the spring of 1970. There are a number of water lines and drainage that have to be taken care of first. Mr. Harris: How much time is this expected to take to complete? Mr. Thompson: Approximately 5 years. The Minutes of the Board of Appeals Meeting of November 12, 1969 Page 6 Mr. Zimmer: Will they pave California Street now and make our taxes go up? Mr. Thompson: We will have no need for California Street. I don't know what the City is planning to do with it. Chairman Mittelstadt explained that there was a mistake in publishing the legal description of the two requests so the Board cannot act on this item at this meeting. The correct legal description will be published on November 19, 1969 and any additional people within 200 feet will be notified. MOTION by Harris to table this item until the November 26, 1969 meeting. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unAnimously. ADJOURNMENT: The meeting was adjourned by Chairman Mittelstadt at 10:00 P.M. Respectfully submitted, / t:` MARY HINT Secretary REGULAR COUNCIL MEETING OF NOVEMBER 17, 1969 PAGE 7 MOTION by Councilman Harris to approve the plans for the Dayton -Target warehouse. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 12, 1969: 1. A REQUEST FOR A VARIANCE OF SECTION 45.24, FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIREMENT FROM 5 FEET TO 1 FOOT 7 INCHES, TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING DWELLING LOCATED ON LOT 11, BLOCK 5, RICE CREEK TERRACE PLAT 3, THE SAME BEING AVENUE N.E. FRIDLEY MINNESOTA. (REQUEST BY MR. THOMAS W. KLEIN, 0 67TH AVENUE N.E., FRIDLEY, MINNESOTA): The variance was granted from 5 feet to 3 feet instead of from 5 feet to 1 foot 7 inches. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance subject to the stipulations of the Board of Appeals. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. COUNCILMAN SHERIDAN ARRIVED AT 9:10 P.M. 2. A REQUEST FOR VARIANCES OF SECTION 45.25 TO REDUCE THE REAR YARD REQUIREMENT FROM 25 FEET TO 16 FEET, AND SECTION 45.26 TO REDUCE THE FRONT YARD REQUIREMENT FROM 35 FEET TO 28 FEET TO PERMIT THE CONSTRUCTION OF AN ATTACHED 3 CAR GARAGE AND FAMILY ROOM ONTO EXISTING DWELLING, LOCATED ON LOT 1, BLOCK 3, SYLVAN HILLS PLAT 4, THE SAME BEING 6280 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. WILLIAM D. CAMP JR., 6280 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Harris to concur with the Board of Appeals and grant the variances to Mr. William D. Camp Jr. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Items #3 and #4 concerning Northern Pacific were continued by the Board of Appeals. MOTION by Councilman Samuelson to receive the Minutes of the Board of Appeals Meeting of November 12, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING LOCKE PARK ACCESS OFF 73RD AVENUE: The City Engineer reported that the City has received a deed executed by Minnesota Transfer Railway for the westerly 50 feet abutting Target. As was explained previously Target plans to improve the road to their service doors. This would leave approximately 300 feet that should be blacktopped to the entrance to Locke Park. MOTION by Councilman Samuelson to improve the remainder of the road all the way to the entrance of Locke Park. Seconded by Councilman Harris. Upon, a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF NOVEMBER 17, 1969 PAGE S ,RECESS: Mayor Kirkham declared a recess from 9:15 to 9:30 P.M. DISCUSSION OF FEDERAL AND STATE GRANTS FOR PARK LAND AND CONSIDER MEANS OF FINANCING PENDING CITY RECEIPT OF GRANT MONIES: Councilman Harris said that in 1966 the Council moved to hire an appraiser to appraise some open space in the north end of the City, with the thought in mind of applying for a grant. This was done, the City Manager drew up the papers and appeared before the Metropolitan Council. The open space grant was forthcoming from the Federal and State funds in excess of $100,000. An up -dated appraisal was ordered and is now completed. MOTION by Councilman Harris to instruct the Administration and City Attorney to start negotiations or condemnations on Parcel 3000, Parcel 10, Parcel 300 and part of Parcel 600 as part of the open space acquisition. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION RELATIVE TO MASTER USE AGREEMENT BETWEEN N.S.S.S.D. AND MEMBER COMMUNITIES: AND CONSIDERATION OF RESOLUTION CONCURRING WITH SUGGESTED CHANGES IN MASTER USE AGREEMENT: Councilman Harris reported that he was appointed to a committee with Mr. Richard Johnson and Mr. David Larson, of the North Suburban Sanitary Sewer Board to develop a plan of District position at the time of take over. The plan involved coming up with a zero balance in the District at the time the Metropolitan Sewer Board takes over. The essence of the dis- cussion goes far beyond what is proposed here. What has been proposed is the elimination of the connection charges; forgiving those connection charges that were made after January 1, 1969. There is a N.S.S.S.D. financial position shown, showing the District will maintain it's solvency, and pay all it's obligations through 1970. The Board set a hearing date for December 23, 1969 to request the communities to approve a change that would eliminate the connection charges retroactive to January 1, 1969. In doing so, because of the timing, whereas the Sewer Board can take over the N.S.S..S.D. after January 1, 1970, or during that calendar year, it is necessary that the communities approve the change prior to the hearing so the hearing will have the concurrance of the member communities. There is a resolution in the papers received by the Council amending Ordinance #1 and there is another resolution for each 'of the member communitites relative to passing the resolution and also some wording as to how the schedule of charges will be developed, and the changes in the Master Use Agreement. It is worded in such a manner that forgiveness of these connection charges is done on the basis that they are not passed on to the successor so they cannot be shown as accounts payable from the member communities when the Sewer Board takes control. Councilman Harris asked the City Attorney if he had a chance to look it over and the City Attorney replied he had not, but he suggested laying it over until the next Meeting to allow time for review, since action at this time is not necessary. If the hearing is December 23rd, the Meeting of December 1st will be soon enough.