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VAR 06.76City of Fridley /Y AT THE TOP OF THE TWINS COMMUNITY DEVELOPMENT DIV. r 1 PROTECTIVE INSPECTION SEC. 1 ` CITY HALL FRIDLEY 55432 612-560-3450 SUBJECT ' . APPLICATION TO BOARD OF APPEALS . NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 1 2 APPROVED BY 800 Name P a u l Burkholder Address 4860 Alden Way Phone 571-3034 571 -1020 -office Legal Description Lot No. 1 Block No. 1 Tract or Addn. Aus Addition ( 106 -77th Way, NE, Fridley ) Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) To install 2-3 additional parking spaces in the front of said 4 plex to accommodate •guest and tenantap rking since 77th Way has been designated a "no parking. anytime" street. This situation has created a problem for me, as guests could previously_ park at the curb , & now will sometimes be forced to park in the driveway because of the parking ban on 77th Way. The property across the street is heavy commercial ( Barry Blower Co. ) and to the East of subject property, Barry Blo,vers' parking �^ 4 Meeting Date ii ee Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date City of Fridley sua.itcr APPLICATION TO BOARD OF APPEALS AT THE TOP OF THE TWINS r" � • COMMUNITY DEVELOPMENT DIV. (Staff Report) .PROTECTIVE INSPECTION SEC. 1 ; � CITY HALL FRIDLEV 55432 NUMBER REV, DATE PAGE OF APPROVED BY 612-560-3450 910-F23 1 3/21/?5 2 2 800 Staff ERT'98Vr k o 1 d 3 r 7860 Alden ti% ay 571»3034 571-1020-office us Addition way, NE. Fridley') To install 2-3 additional parking spaces in the front of said'4 plex to accommodate guest an.'J irking aft2ee 77th r " mail paadwetAkbmwhoti&'iadeo4,vitUei;bmettmgs be forced to park in the dry IS date notified and "Yes" or "No" for plans to attend hearin - Plan or the parking loan on 77th `-vay. The property across the str t ivy Co nd e ( r C _ast of subject property, Batry M-6 /ers' rking ees '7, Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified A.21 6 COMPLAINT-REPORT DEPT FridlW ': 2 � NO. TIME REC 2006 . M TIMsa DISP M ON SCENE M CLEAREQ M DATE RADIO IN PERSON BY PHONE xxMAIL�.b COMPLAINANT 10 #I ADDRESS LOCATION S=10 (Z) !/<i PHOME N@. OFFICER ASSIGNED * CWk /jhuz r TYPE COMPLAINT C0021�^ Ust" . 'vRan7Blow= Cwitmypaft in thes t aud do wt wetb .pang I.fts. R., it 6 a pr"Ien when she leau.s her park"S.1,ot and somewhat d=am for tha childdz= at play. rFINDINGS AND DISC Gbeekedl.thea" POSITION Iatttr to:S asking hm to '= evl to PAM* in the 7�M�.■. — 1-2 —v-- & - -- - . . - Sgt. Com/ Has& ka REPORTED TO 2nd COPT( MEMO FROM: MEMO TO: (Memo, No., l.r.tters Report represent name initials) Before RICHARD N. SOBIECH9eotronscaotsaet�tcii� Public {Forks Director MEMO N0..... CM 3 `' @���' a 9-19-74- DATE9=10=74 `. 10-3-74 thesesseasasssnr�aeeae� CC: Tom SUBJECT: Installation of No Parking Signs at Barry Blower' v- �Y RYJARKS O(X See attached Memo from F.P.D. Please review the area & come up with wit an appropriate recommendation. O Review & take appro- Lu l priate action 9-19-74 Please proceed with the installation of aNo = 0 Review & ccuoeut i 0 Note. & discuss with me . _ a OX Work with TC Rush, imediate action desired SIGNAMM? RNS ' e hake reports, w/bach-AroundOC;=W,,3 material as complete as pops -`i Lle. -Maize interim report if necessary. Send original me ---o back only if action is gully completed.cF OF r- �eZ 0 Action completed, no o further review.needed 0 Further action necessary .� Q See attached letter T Q Interim report re 42�i "a e- bl_ t a 7 We �v �na9 P" "' c•i�t/S s d �� t. r DATE �-' � �" �l`< SYGIUTtlitS v- �Y OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 13, 1976 at 7:30 P.M. to consider the followmng matter: A request for a variance of Section 205.075, 1 (E,1), Fridley City Code, to allow tenant and guest off- street parking in the front yard of an existing 4 -Plea zoned.,.R-3 (general multiple family dwellings), located on Lot 1, Block 1, Aus Addition, the same being 109 77th Way N.E., Fridley, Minnesota. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Anyone Who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Z FRIDLE1 APPEALS COMMISSION MEETING Or JULY 139 1976 PAVE: 7 she wished the other petitioner was present. Mr. Holden said he hadn't heard from the other owners, but at the last meeting they said they might be on vaca- tion for six weeks and may not be able to attend. Mr. Barna stated that the city looked at this as one problem, and Mr. Kemper said he agreed. Mr. Kemper added that if they had to make a decision, he would be in favor of it. MOTION by Kemper, seconded by barna, to recommend to Council approval of the requests for variances to allow off-street parking in front of the existing h-Plexes at both 380 and 390 57th Place N.E., Fridley, with the following provisions: 1. That the stipulations contained in Mr. Colbert's memo of July 9, 1976, be incorporated. 2. That the parking area that would be permitted under this variance be defined by permanent curbing acceptable to the Staff. 3. The surface of this area be paved with covering acceptable to Staff (hard surface). 4. The owners both continue to make arrangements for private snow plowing services. 5. Council is reminded that this variance does incur an encroachment of 10.5 feet of city property. Mr. Kemper stated that he felt the only alternative to this would be distasteful construction with a lot of black top in back of this building, and that would be the worsts of two evils. UPON A VOICE VOTE, Kemper and Barna voting aye, Gabel voting nay, the motion carried 2 - 1. Chairperson Gabel said that while it isn't practical to do so, she saw these as two individual items. She stated she approved granting the variance for .380, but not 390. She explained to Mrs. Johnson that this would go before the City Council on July 26th. 3. REQUEST FOR A VARIANCE OF SECTION 205.075, 1, (E,l) FRIDLEY CITY CODE, TO ALLOW TENANT AND GUEST OFF-STREET PARKING IN THE; FRONT YARD OF AN EXISTINU 4-PLEX, ZONED R-3 (GENERAL MULTIPLE FAMILY DWELLINGS), LOCATED ON LOT 11 BLOCK 11 AUS ADDITION, THE SAME BEINu 106 - 77TH WAY N.E., FRIDLEY, MINNES- OTA. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Mr. Holden stated that Mr. Burkholder had called and asked that this item be postponed until the next meeting of the Appeals Commission. 4. REQUEST FU.K A VARIANCE OF SECTION 214.0532 2, FRIDLEY CITY CODE, TU RAISE THE 100 SQUARE FEET MAXIMUM SIZE OF A FREE STANDING SIGN IN C -2S ZONING (GENERAL SHOPPING AREAS), TO 108 SQUARE FEET, TO ALLOW A 12 SQUARE FOOT 7 7 FRIDLr;Y APPEALS COMMISSION MEETING OF JULY 13, 1976 PAGE 10 ., 4 ADJOURNIMNT : MOTION by barna, seconded by Kemper, to adjourn the Appeals Commission meeting Of July 13, 1976 at 9:16 P.M. Upon a voice vote, all voting aye, the motion carried. Mr. Barna brought the Commission up to date on the progress of the Youth Center, and offered his assistance and support. Chairperson Gabel said it should be noted that Mr. Barna has offered his expertise and assistance in helping the Youth Center, and suggested he talk with Mr. Storla and some of the City Council people. She asked where the Center would be located, and Mr.. Barna told her it would be in the pump house by the ice arena. He stated that while it was not a large area, it was immediately available space and would not cause any conflicts with the existing uses of the City Hall. Mr. Kemper stated that there was one item he would like to bring up, and asked what sort of follow-up system the city had to make sure stipulations on variances were adhered to. He stated that the Appeals Commission routinely approves requests for variances with stipulations attached to them, and never hears of them again unless an effort is specifically made to find out how a particular project went and if it conformed to stipulations. Mr. Holden stated that they were handled routinely through the normal enforcement of the codes. Mr. Kemper said the reason he asked was because of the greenhouse, which turned out to be a commercial venture, and was wondering if there were adequate safeguards to ensure the stipulations were adhered to. Mr. Holden said that he felt there were adequate safeguards, but he understood Mr. Kemper's feeling that something might be overlooked. He stated that routinely, as with the variance that was approved at this meeting, the stipulations would be part of the provisions on the building permit. Chairperson Gabel asked if there was some way the members of the Appeals Commission could routinely get a memo as to what the Council does on the things that this Commission sends to them. Mr. Holden said they could ask for a summary of the discussions that apply to the hoard of Appeals along with the Council's decisions. Mrs. Mabel asked if he could see that was done, and Mr. Holden replied he woula. She suggested that this be put in the form of a motion, but added that the meeting would have to be reopened again. MOTION by Barna, seconded by Kemper, to reopen the Appeals Commission meeting of July 13, 191b at 9:30 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Kemper, seconded by barna, that Staff be directed to provide copies of those portions of the City Council meeting minutes that apply to the Board of Appeals! decisions. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Kemper asked if all the material the members of the Appeals Commission received, including agendas, staff reports, Council meeting minutes, etc., could be put into one large mailing once every two weeks. Mr. Barna said he agreed$ Number 1 ADMINISTRATIVE STAFF REPORT 106 77th Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.075, 1, (E,1) prohibiting parking in the required front yard. B. STATED HARDSHIP: Petitioner stated that he needed to install 2 to 3 additional parking speces in front of said 4-Plex to accommodate guest and tenant parking since 77th Way has been designated a 'no parking anytime" street. This situation has created a problem for the petitioner because guests could previously park at the curb, and now will sometimes be forced to park in the driveway because of the parking ban on 77th Way. The property across the street is heavy commercial (Barry Blower Company) and to the East of subject property, Barry Blowers' parking lot for their employees. C. ADMINISTRATIVE STAFF REVIEW: Staff investigation shows a similar 4-Plex apartment next door at 7673 East River Road which has parking in the front yard 29 feet from the curb. 106 -77th Way N.E. is setback approximately 50 feet from the curb with a 15 ft. boulevard intervening. The rear of this building has 3 parking stalls, which are the only existing off-street parking stalls for this building. For 4 double units the required number of off-street parking stalls is 8. The "no parking, anytime" signs were posted on 77th Way during September, 1974, to control excessive on -street parking by Barry Blower employees in response to a complaint by Donna Anderson of 106 77th Way N.E. The petitioner is the owner of the 4-Plex at 7673 East River Road, as well as the corner lot situated between the two apartment buildings. This corner lot is not developed, and appears to be available for tenant parking. This may be a viable alternative to this request. The vacant lot would accommodate at least a 3-Plex apartment and joint parking arrangement could be made. Staff feels that all viable alternatives to this request should be considered. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet'in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday,. July 13, 1976 at 7:30 P.M. to consider the following matter: A request for a Variance of Section 205.075, 1 (E,l), Fridley City Code; to allow tenant and guest off- street parking in'the front yard of an existing 4 -Plena zoned.,.R-3 (general multiple family dwellings), located on Lot 1, Block 1, Aus Addition, the same being 109 77th Way N.E., Fridley, Minnesota. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday,. July 13, 1976 at 7:30 P.M. to consider the following matter: A request for a aVariance of Section 205.075, 1 (E,1), Fridley City Code; to allow tenant and guest off- street parking in the front yard of an existing 4 -Plea zoned.,.R-3 (general multiple family dwellings), located on Lot 1, Block 1, Aus Addition, the same being 109 77th Way N.E., Fridley, Minnesota. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION 2 FR1liLk;l APPEALS COMMISSION MEETING JULY 27, 1976 MEMBERS PRESENT: Virginia Schnabel, Alex barna, Pat Gabel, Dick Kemper, Jim Plemel MEMBERS ABSENT: None OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairperson Schnabel at 7:30 P.M. APPROVAL OF APPEALS COMPASSION MINUTES: JUNE 292 1976 MOTION by Barna, seconded by Plemel, that the Appeals Commission approve the minutes of the June 29, 1976 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVAL OF APPEALS COMMISSION MINUTES: JULY 13, 1976 Mr. Holden informed the Commission that the date of July 26th on page 7, 4th paragraph from the bottom, should be changed to August 16th. MO'T'ION by Kemper, seconded by Gabel, that the Appeals Commission approve the minutes of the July 13, 1976 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONTINUED: REQUEST FOR A VARIANCE OF SECTION 205.075, 12 (E,1) FRIDLEY CITY CODE, TO'ALLOW TENANT AivD GUEST OFF-STREET PARKING IN THE FRONT YARD OF An EXISTING 4-PLEX, ZUNED R-3 (GENERAL MULTIPLE FAMILY DWELLINGS), LOCATED ON LOT 11 BLOCK 12 AUS ADDITION, THE SAME BEING 106 77TH WAY N.E., FRIDLEY, MINNESOTA. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55132). MOTION by Barna, seconded by Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.075, 1, (E,1) prohibiting parking in the required front yard. B. STATED HARDSHIP: Petitioner stated that he needed to install 2 to 3 additional parking spaces in front of said 4-Plex to accommodate guest and tenant parking since 77th Way has been designated a "no parking anytime" street. This situation has created a problem for the petitioner because guests could previously park at the curb, and now will sometimes be forced to park in the Fridley Appeals Commission Meeting of July 27, 1976 Page 2 AW t driveway because of the parking ban on 77th Vlay. The property across the street is heavy commercial (Barry Blower Company) and to the East of subject property, Barry Blower's parking lot for their employees. C. ADMINISTRATIVE STM' REVIEW: Staff investigation shows a similar 4-Plex apartment next door at 7673 East River Road which has parking in the front yard 29 feet from the curb. 106 -77th Way N.E. is setback approximately 50 feet from the curb with a 15 ft. boulevard.intervening. The rear of this building has 3 parking stalls, which are the only existing off-street parking stalls for this building. For 4 double units the required number of off-street parking stalls is 8. The "no parking, anytime" signs were posted on 77th Way during September, 1974, to control excessive on -street parking by Barry Blower employees in response to a complaint by Donna Anderson of 106 77th Way N.E. The petitioner is the owner of the 4-Plex at 7673 East River Road, as well as the corner lot situated between the two apartment buildings. This corner lot is not developed, and appears to be available for tenant parking. This may by a viable alternative to this request. The vacant lot would accommodate at least a 3 -Flex apartment and joint parking arrangements could be made. Staff feels that all viable alternatives to this request should be consid- ered. Mr. Burkholder approached the Board and explained to the Commissioners the photographs and a diagram showing present parking and the proposed parking. He explained that one of his tenants had complained to the Police Department that people from Barry -Blower were blocking the driveway, so the "no parking, anytime" signs were posted. He said that now when guests came there was no room for them to park, and said he discovered this after he had received a parking ticket. Mr. Burkholder explained he also owned the empty lot on the corner which is zoned for a 7 -Unit, but he was not doing anything with it presently. He stated that now he was being faced with the problem of people pulling onto the grass, and he would like to put in about a 30' blacktopped area which would still leave about a 20' setback, and there would be plenty of room for people to get out. He showed on the diagram where the parking lot would go, and explained he was not anxious to put in a great big parking lot 'because blacktop was so -expensive. Mr. Barna asked if the depth would be just enough for a parking stall, and Mr. Burkholder said yes, with a little bit extra. Mrs. Gabel asked about parking for the proposed 7 -Unit building, and Mr. Burkholder said he would probably have to request another variance at that time as it was not desirable to have any more traffic coming in off of East River Road. Mr. Kemper asked if the only reason for this additional parking area would be to facilitate guest parking, and Mr. Burkholder replied it would be for the tenants also, as some of them had two cars. He explained he has had this building for about four years, and three or four cars in the back is no problem, but any more would be a problem. He added that with,no parking on either side of the street it was a difficult situation. 1 Fridley Appeals Commission Meeting of July 27, 1976 Page 3 Mr. Kemper asked why the street was designated no parking anytime, and Mr. Holden explained it came about as a result of a complaint from one of the tenants. He added that there were children in the apartments, and 77th Way has become a shortcut with heavy traffic, so it was also a safety precaution. Mr. Holden added that Barry Blower was asked about his employees, and he said there was no problem at all as he had adequate parking. Chairperson Schnabel asked if Barry Blower ran 24 hours a day, and Mr. Holden replied that he believed they had two shifts. Mr. Plemel asked if the city could restrict street parking to tenants and guests, and Mr. Barna said they could not. Mr. Burkholder stated that was a busy street and he thought it was going to get a lot busier, and he used it himself as a shortcut. He said there really wouldn't be any problem as there wasn't a blind corner there, but now people were parking right up on the grass. Chairperson Schnabel asked if there was a fence that ran across the back of the lot, and Mr. Burkholder replied there was a 6' Cyclone fence that separated the properties. Mrs. Schnabel asked how many tenants in this building had cars at this time, and Mr. Burkholder replied there were five cars. Mrs. Schnabel asked Mr. Holden if there were any other viable solutions other than the suggestion of perhaps going into the empty lot. Mr. Holden replied there really weren't, as it was so tight up against the property lines in either direction. He said that building .another multi -unit apartment complex on the corner could alleviate the problem, but that was in the distant future. Mr. k.,kholder stated that he thought he would put some hedges along the street if the request was approved, because he wanted it to be aesthetically pleasing. He said that he only lived five blocks from there, so he was concerned, and added he thought this was a reasonable request. Mr. Holden said that both buildings were setback in such a way that the parking wouldn't obstruct any vision in the area. Chairperson Schnabel said she could see, too, that even if Mr. Burkholder was to build on the empty lot, he was going to have a sialine problem keeping the building back far enough so there wouldn't be any visual blockage of the intersection. Mr. Burkholder said that eventually, if the building went up, he would be applying for front parking again. He added that he thought it could look nice. Chairperson Schnabel asked about a green area, and Mr. Burkholder replied he would still have a green area as his tenants had children. Mr. Plemel asked if he just intended to put in three stalls in front, and Mr. Burkholder replied that was his intention. He said that from an aesthetic standpoint, four would look like the -whole front yard was a parking lot. Mrs. Schnabel said if he had six stalls and the tenants had five cars, that would leave only one space for guests. Mr. Burkholder said. that sometimes they parked next door in the Barry Blower lot. MOTION by Barna, seconded by Plemel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Schnabel stated that it would appear the problem was the landlocked position of this particular unit and the property it sits on, and the fact that the petitioner really has no where else to go to provide parking accommodations for tenants and guests. Fridley Appeals Commission Meeting of July 27, 1976 Page 4 Im • Mr. Kemper cor.^iented that it appeared to him there was front -yard parking all over that area. Mr. Plemel asked if the parking lot could be limited to a small an area as possible and there be no encroachment on the 15' boulevard. He added that if :Ir. Bsrkholder intended to build in a year or two, it wouldn't be feasible to insist on parking in the empty lot. Mrs. Gabel said she agreed, and would also like it limited to three stalls so there wasn't blacktop from one end to the other. Mr. Barna said that being a heavy contributor to the traffic on that street, he didn't see where parking in the front lot would make it more difficult for, people to see. He stated that when Mr. Burkholder built on the other lot, it would just continue that front yard parking all around that corner. He saia he would have no objection. Mrs. Gabel asked if there was some kind of code requirements for perimeters, or if curbing was required. Mr. Holden said there were no requirements for off-street parking. Mr. Burkholder said it was very difficult in the wintertime when the snow came to remove the snow it there was curbing. He added that the definition would be very clear when the blacktop was down, and on the side lacing 77th he would put in some hedges to make it more aesthetically pleasing. MOTION by Barna, seconded by Plemel, that the Appeals Commission recommend to the City Council that the request for a front yard variance be approved. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel stated that the city should ensure there was no encroachment on the 15' boulevard. Chairperson Schnable informed Mr. Burkholder that this would go before the City Council on August 16th. 2. TABLED: REQUEST FOR A VARIANCE OF SECTION 214.053, 2, FRIDLEY CITY CODE, TO RAISE i:iE 100 SQUARE FEET MAXIMUM SIZE OF A FREE STANDING SIGN IN C -2S ZONING (GEnERAL SHOPPING AREAS), TO 108 SQUARE FEET, TO ALLOW A 12 SQUARE FOOT INFOR,%IATICN SIGN TU BE ADDED TO AN EXISTING 96 SQUARE FOOT SIGN, LOCAT.D 0.+ THE SOUTH 204 FEET OF THE EASTERLY 200 FEET OF LOT 3, BLOCK 2, EAST Rk4CH ESTATES SECOND ADDITION, THE SAME BEING 7730 UNIVERSITY AVENUE N.E., FRIDLEY, MIN1vESuTA. (Request by the Town Crier Pancake House, 7730 University Avenue N.E., r'ridley, Minnesota 55432). MOTION by Kemper, seconded by Barna, to remove this item from the table. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Barna, seconded by Kemper, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.0953, 2, limiting size of free-standing signs to 100 square feet. Public purpose served by this section of the Code is to limit visual. pollution from free-standing signs in business areas. B. STATED HARDSHIP: Petitioner wants to add 12 square foot information sign saying "Open 24 Hours" to existing 96 square -foot sign. Variance from 100 square ft. to 108 square ft. REGULAR COUNCIL MEETING OF AUGUST 16, 1976 RECEIVING THE MINUTES OF THE PLANNING COMMISSION -MEETING OF AUGUST 4, 1976: CONSIDERATION OF APPEALS COMMISSION MINUTES OF JULY 27, 1976: 12,9 PAGE 5 . MR. BURKHOLDER, 106 77TH WAY N.E.: Mr. Dick Sobiech, Public Works Director, stated that this is a request for parking in the front yard, located at 77th Way and East River Road. He further pointed out that the Appeals Commission did consider this item and did recommend approval of the front yard parking in the area. He stated that Mr. Burkholder, 7860 Alden Way N.E. was present to discuss the situation. Mr. Sobiech then proceeded to discuss the fact that there exists two - apartment buildings: one on which the variance request is petitioned for and has approximately three parking spaces, and the other building to the west of it presently has parking in the front yard area. The petitioner does own the parcel of property in question. Mr. Sobiech stated that perhaps arrangements could be made whereby certain parking facilities could be planned cooperatively for the total area. He further pointed out that the situation has been complicated especially along 77th Way by the requests for "no parking" signs. Mr. Burkholder then commented that there was just no place to go. He stated that he was surrounded by commercial property and a sea of black top. He suggested that he would be agreeable to screen between the parking And the street. He noted that a complaint was made by Donna Anderson of 160 77th Way N.E. requesting the "no parking anytime" signs posted on 77th Way Councilman Hamernik voiced his concern for setting a precedent which would allow front yard parking. Councilman Fitzpatrick shared his concern. Mr. Qureshi, City Manager, suggested that Mr. Burkholder contact Barry Blower Company and see if some mutual agreement could be made. If not, the City Council could authorize a variance. MOTION by Councilman Hamernik to table this item until the September 13, 1976, Regular Council meeting and see if acceptable alternatives can be worked out. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TOWN CRIER PANCAKE HOUSE, 7730 UNIVERSITY AVENUE N.E.: Mr. Sobiech, Public Works Director, stated that this was a request for a variance from 100 sq. ft. to 108 sq. ft. The existing sign being 96 sq. ft. Approval was recommended by the Appeals Commission. Mr. Craig Vargo, 7730 University Avenue Northeast, then spoke to the City Council and proceeded to show them a drawing of the sign. MOTION by Councilman Hamernik to concur with the Appeals Commission recommendation and approve the variance with stipulations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VARIANCE FEE SCHEDULE: Mr. Sobiech, Public Works Director, stated that the Chairman of the Appeals Commission, Ms. Virginia Schnabel, did tcontact him to ensure this item came before the City Council. After discussion with her, Mr. Sobiech stated that he believed there was a misunderstanding as to how the increased fee was arrived at. Apparently, the comments by the Appeals Commission regarding the fee increase came after the variance request for a l ft. variance on .residential property. Consequently, the increased fee of $50.00 vs. what was originally $15.00 was questioned with this particular residential zoning variance request. Mr. Sobiech stated that he explained to Ms. Schnabel how the increased fee was arrived at, based on an average of variance requests on small lots of great magnitude. He further stated that he indicated to Mrs. Schnabel that he would explain to the City Council and that Council would perhaps direct the Staff to prepare a more in-depth explanation to .the Appeals Commission. He then asked if there was a representative of the Appeals Commission present, and Ms. Patricia Gabel responded that she was. Mr. Sobiech asked her if his discussion explained what perhaps happened at the Commission's meeting and she responded it did. Ms. Gable suggested that perhaps what was needed was a breakdown. Mayor Nee then stated that the City Council will try and justify this to the Appeals Commission. 130 REGULAR COUNCIL MEETING OF AUGUST 16, 1976 JOSEPH SINIGAGLIO, SPECIAL USE PERMIT, SP#76-11, 4715 3RD STREET:. PAGE 6 Mr. Sobiech, Public Works Director, stated that this was a request for a special use permit which would allow a second accessory building on an existing single family residence and the Planning Commission did recommend approval. He pointed out that several stipulations existed. Mr. Sinigaglio,4715 3rd Street Northeast, was present and stated that his expenses are over and above what the garage cost. Councilman Fitzpatrick stated that the request cost Mr. Sinigaglio $120.00. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission that the special use permit be granted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 40' LOTS: Mayor Nee stated that he planned to set a special meeting regarding this matter. Mr. Qureshi, City Manager, stated that a meeting would be set up approximately six weeks from this date. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission meeting of August 4, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST TO WAIVE ENFORCEMENT OF PROVISION IN SIGN ORDINANCE FOR LIMITED TIME, SCHAAF VOLUNTEER COMMITTEE: Mr. Robert Meek, the Schaaf Campaign Manager, stated that he was requesting the City. Council to waive enforcement of the ordinance that limits the size of political signs until the Committee has had the opportunity to exhaust its efforts for appeal through the Appeals Commission. Councilman Hamernik stated that a good deal of work has been done regarding the sign ordinance and allowing a variance would set a. precedent which would invalidate anything that is in the ordinance; and he, therefore, questioned the consideration of this. A visitor stated that there were three members of the City Council who are on •Mr. Schaaf's Campaign Committee and she felt that there would be a conflict of interest as to Council voting on this. Mr. Wayne Wellan, 6793 Overton Drive Northeast, spoke against the request. Councilman Fitzpatrick stated that he was not sure that the benefit of the sign was going to be as great now with the publicity against the ordinance that perhaps would cause an unfavorable reaction. Senator Dave Schaaf then stated that he would withdraw the request at this time. Councilman Starwalt then asked Senator Schaaf if he would prefer to withdraw or table the request. Senator Schaaf responded that he already withdrew. RECESS: Mayor Nee called a recess at 10:45 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:02 p.m. CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7348 SYMPHONY STREET: CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7358 SYMPHONY STREET: MOTION by Councilman Fitzpatrick to take Item numbers 12 and 13 in the agenda out•of order. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;. ��.. ;. 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 65432 \N, � September 2 1976 p a Mr. Robert.Lockwood, President Barry Blower Inc. 99 - 77th Way N.E. Fridley, Mn. 55432 TELEPHONE ( 812)571.3450 Registered Mail #495104 Re: Parking Problem and Variance Request at 106 - 77th Way N.E. Dear Mr. Lockwood: I have been requested by the Fridley City Council to contact you in regard to _a parking problem and variance request at 106 -77th Way N.E. The apartment at 106 -77th Way N.E. has inadequate off street parking to accommodate its tenant's cars. At its August 16, 1976 meeting, the Fridley City Council reviewed a request for front yard parking variance at the above address by Mr. -Paul Burkholder. -The Council is of the opinion that it may be possible for the owner of 106 - 77th Way N.E. to enter into a "joint parking" agreement with Barry Blower Inc. This would enable the tenants to park off the street in your parking lot which adjoins this property. The Council feels that, if possible, this alternative would be more pleasing than allowing the cars to park in the front yard of 106 -77th Way N.E. Could you please contact me by letter or phone, at 571-3450, between 8:00 A.M. and 5:00 P.M., at your convenience as soon as possible in order to properly inform .Mr. Paul Burkholder and the City Council of the possibility or impossibility of such an alternative parking arrangement. The City Council will be reconsidering this request at its September 13, 1976 regular meeting. Thank you for your time and consideration. Sincerely, RON HOLDEN Building Inspection Officer RH/mh CC: Mr. Paul Burkholder Dick Sobiech, City Engineer dam'+iw*.i"S+¢x•_'iesA:'3.'�Aih;."T.�+'_�a.DJ`v9a.?.i@n'T?a^.:�w-.�t-6.ncs:.c•�_w:�.:GSTf..t:W[....Ww..`...m..p.�r.[.:?.eR'�,:.:5.'�::SG.-.cti.•rrtc'.'�.siST�s�'%l:.r^•.>Pv'�111W..ij"3!!�-_7'i-•�P.�i.:r.-.I^�-', sT•R'°9'„ye. ^mac.,.... 136 REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 PAGE 2 stated that the assumption of his MOTION was that they are not Fridley tax dollars. Councilman Hamernik stated that perhaps the agreement should be nullified and approached from a different angle. Mr. Doyle Mullin, Director of the Springbrook Nature Foundation commented that the CETA funds are monies to provide jobs and not City services. UP A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Councilman Starwalt vote g nay, Councilwoman Kukowski voting aye, Councilman Hamernik voting nay/ and M or Nee voting aye. Mayor Nee declared the motion carried three aye an two na OLD BUS CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW FRONT YARD PARING AT 390 AND FF -STREET PARKING IN THE FRONT OF 380 57th PLACE N.E. ANEK390 57th PLACE N.E.r. Mr. Dick Sobiech, !NE Public Works Director, stated t t this was initially a request for a variance to aw parking in the front yard a encroaching in the public right of way. He further st ted that the matter was he d before the Appeals Commission and approval of the reqLXst was recommended to Ve City Council. Mr. Sobiech then asked if the petitioners here present to discuA the matter. Mrs. Mary Johnson, 621 Benne Drive N.E., ridley, owner of 380 57th Place N.E., then commented that she did meet vri the insp ctor on Thursday, September 9, 1976 and the alternatives as drawn up by he App is Commission were discussed, and at present are not working out well. They s 'll o not have enough parking places. She further stated that she and Mrs. PJeururer, a owner of 390 57th Place N.E., obtained a petition signed by all the neightb s with one exception. She then {arc -seeded to show the petition to the City Co cil a ong with Mrs. Neururer, 6501 742 Avenue North, Minneapolis. MOTION by Councilman Hamerniy to receive Pet ion #14-1976 on this matter. Seconded by Councilwoman Kukowski.pon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unani usly. After some discussion Councilman Hamernik stated th he would not like to see oarkino on the boule rds and that perhaps by granting his request, a precedent would be set and t reby allowing the possibility of simi\ae sts in the future. Councilwoman Kuko ski then stated that she talked with tors and there was no problem. Mr. Alex Barna, Appeals Commission, stathis was a very unique circums ance and it would not be setting a precedthat the two buildings in uestion should be looked at as one situatiouncilman Hamernik then questi ped the problem of snow removal and Mrs. tJeute that the drive- ways are ways plowed and there has never been any snow. Ma, or Nee then asked Mr P1ary Johnson if she was aware of the five stis place on the premis by the Appeals Commission, and she responded she was. MOT P; by Councilman Hamernik to concur with the recommendations of the Appea C fission including the stipulations one through five to grant the special use ermit. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR VARIANCE TO ALLOW FRONT YARD PARKING AT 106 77TH, �1 14AY N.E., ,PAUL B RK 0 DEK (TABLED 8/16/ ' Mr. Dick Sobiech, Public Works Director, discussed the matter stating that originally he thought perhaps an agreement could be worked out with the property owner and Barry Blower Company, whereby a portion of the Company's parkins lot could be utilized. Mr. Sobiech then made reference to a letter from the Barry Blower Company stating that „the Company's main concern would be the. problem of their employees parkinn lot being utilized by others and the dissatisfaction this would create among them; and therefore, declined to oet involved in an agreement with the property owner of the apartment building. Mr. Sobiech then asked if Mr. Burkholder was present and there was no response. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Appeals Commission to grant the variance. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF. SEPTEMBER 13, 1976 T e\Regular Meeting of the Fridley City Council of September 1/wski,Councilman or er at 7:40 p.m. by Mayor Nee. PLE GE OF ALLEGIANCE: Mayor Nee led the Council and the audience in saying the Plede Flag. ROLL CAL MEMBERS\ABSSET: NT: Mayor Nee, Councilman Hamernik, Councilwoan Starwalt, and Councilman Fitzpatrick. MEMBERS None APPROVAL OF MIN ES: REGULAR COUNCIL ETING OF AUGUST 16, 1976: MOTION by Councilman arwalt to adopt the minutes the Regular Meeting of the Fridley City Council o ugust 16, 1976 as submit d. Seconded by Councilwoman Kukowski. Upon a voice te, all voting aye, M or Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Hamernik to a pt t e agenda with the addition of receiving a communication from School District 1 egarding meeting on Utilization of Community Service Levy. Seconded by Councilwom Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion rr'ed unanimously. OPEN FORUM, VISITORS: Mr. Vern Moen, Chairman of the oard of Spri brook Park Nature Center, 7154 N.E. Riverview Terrace, addressed he Council and s ated that he, along with others, were working with Dr. Dan H f and more help wa needed. The additional help, as he understands it, would c e from several CETA a ployees at no additional cost to the taxpayer; and at t is time, he would ask th City Council for permission to be granted for Dr. Huff o use these people at his 'scretion. Councilman Starwalt then asked the staff i a letter from the State Sena t rs was on file with the City indicating that it wo d be lawful to do what was prop ed. Mr. Moen stated that Dr. Huff believed he could document this. MOTION by Council n Fitzpatrick that CETA employees, as th are available at the discretion of Dr. Huff, are to be used under his direction. econded by Council- woman Kukowski. Councilman Hamernik then raised the question garding the ethics of City funds eing used in the North Park area. Councilman Fit atrick then commented tha the concern here is whether or not City funds are b 'ng disbursed without bein reimbursed, and he felt that City funds are being disb sed. Councilma Starwalt questioned the appropriate use of people being used der the CETA pro am as well as the North Park proposal and that there were other ctions of the ty that could use more attention. Councilman Fitzpatrick stated th he had Dr. Hu 's recommendation that these people do have the time to work at both P th Park nd on the CETA projects. Councilman Starwalt stated that he had no such rec endation. Councilman Hamernik further commented that there is an agreement 'th th Springbrook- Foundation whereby City funds will not be used and he believed ty funds would be used if CETA people are brought in since the grant is for the entire City. Councilwoman Kukowski stated that she never believed the CETA funds were the City's money and that it came from the government. Councilman Fitzpatrick Mr. Paul Burkholder 7860 Alden Way N:E. Fridley, Mn*55432 . n 55432 -..:PHONE ( 612)571-3450 September 22, 1976 CITY COUNCIL ACTION TAKEN NOTICE Re: Variance for 106 77th Way N.E. On September 13, 1976 , the Fridley City Council officially approved your request for variance for parkinng with the stipulations listed below. Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the Community Development Office at 57173450.. JLB/de Stipulations: Sincerely, 4 JERROLD "Lr BOAR KHAN CITY PLANNER Concur with action taken. s 3,0 ft4IE SON NJ q I i I r r w oc4l�� A sl lit0. v qlo L � 4 c u ' 0.0 ^, I u � V- V BARRY BLOWER 2 E A Division of Wylain, Inc. 99 N.E. 77th Way Minneapolis, Minnesota 55432 621/571 5200 September 8, 1976 CITY OF FRIDLEY 6431 University Avenue, N.E. Fridley, Minnesota 55432 Attention: Mr. Ron Holden Building Inspection Officer Reference: Parking Problem and Variance Request at 106 - 77th Way, N.E. Dear Mr. Holden: As requested in your letter of September 2, 1976, I tele- phoned and discussed with you the subject parking problem and the possibility of using a portion of our company's parking lot as a solution. I also telephoned Mr. Paul Burkholder and discussed this problem with him. My main concern is the impact of an agreement that would enable the tenants of the apartment at 106 - 77th Way, N.E. to park off the street in our parking lot. I feel certain there would be problems if our employees saw that "their" parking lot was being used by others in a way that would reduce the availability of choice parking spots when they arrive at 6:30 am, or would require those on the night shift to park in the extreme outskirts of the parking lot when they arrive at 3:30 pm.