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VAR 10.71%A 1 117, Opp, APPLICATION TO THE (BOARD OF APPEAL'S AND MY COUNCIL FOR SPECIAL USE PERMIT,,-�� IN REQUIREMENTS OV CERTAIN.ORDINANCES OF THE CITY OF VAIME'Y / (Applicant to complete ite►ns 1, 2, 3) 1. Name and Address of Applicant Virginia T. Jacobsen A, 231 79th Way N.E. Apt. 5 Fridley, Minnesota 55432 2. Legal Description of Property (also general location, such ne;"nortT.- east corner of 64th Avenue and 5th Streett0 or 6415 Fifth Street") Lots 11, 12, 13 & 14, Block 3, spring Brook Parka Anoka County, Miunesot - 231 79th Way N•E. J rrl-,e)-tj . 3. Describe the variance requested. (Attach Plat o7 SdrvWy of ft tty showing location of proposed buildLng, etc.. alio adjoining properties and ownership within 200' of said property.) I request permission'to build garages (5) up to the north boundary of my lot which is adjacent to an unused 12 foot a11e . Survey and diagram with adjoining properties.attached. 4. Comants by administrative official denying original request for buildinj permit or other permit. (To be completed by adwin!atrativa officiKl. Appropriate ordinances and sectlon of ordinances. to be cited,) - 2 - S. Notice of gearing appeared in Official dates: (must be at least once 10 days before attached). paper on the following -- copy of notice to 6. Board Miers notified of meeting by • On 1,94 a', 2 j1,/ 97r (List Members, Date Notified, and "Yes" or "Nd' for plans to attend hearing). A 7. Person making appeal sad the follor►Leg property omseers having property within 200' mufLed: By phone Notified by saw Date ori.. (7gitia1) i ,z� 90 s 12 �96,sl- �.I 6, The Following Board Members and Interested parties were pTesant at the Rearlust BOLD MBMBBRS F 3 - OTHER PARTIES: NAME ADDRESS je .26 9, opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations Against•Recfommendations bo 11.*Iction by City Council and Date: .��. D NORTHERN STATES POWER COMPANY NORTH DISTRICT 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 October 27, 1971 Mrs Virginia Jacobsen 231 - 79th Way NE Apartment #5 Fridley, Minnesota Dear Mrs Jacobsen With regard to our telephone conversation of October 27, 1971, NSP has no objection to garages•being constructed on the property line of your property, as long as there is at least 11 - 0" clearance between any of our poles and the garage building or eaves, and. as long as it is in compliance with any City Ordinances or Regulations. If there are any questions concerning this, please feel free to call. Sincerely r ' Lawrence M Benson Customer Service Representative North Division LMB/id u '2,/,0 T cq--vL� , f6�1 �-76 A-Sv '5.iu co' { d clowm �C;I !o I I C� 3u' I I I I o w. b 1. Robert Osman - 300 Longfellow 5. Cheryl Johnson (in 9. Anna Waitkus - 5430 Oliver No.(?) M trust, St. of Minn.) 4 2. John McCallow - 290 Longfellow 6. John Hayes, 6132 Elm St. 10. Maynard Schommer, 7905 E.River Rd. Morton Grove, Ill. 3. Carl Lundberg - 280 Longfellow 7, John Marshall - 230 Longfellowll. Virginia Jacobsen, 231 79th Way CA Walter Schultz 260 Longfellow g� Charles Fjeld - 210 Longfellow 12. David Stivers - 221 79th Way I I I I co' { d clowm �C;I !o I I C� 3u' I I I I o w. b 1. Robert Osman - 300 Longfellow 5. Cheryl Johnson (in 9. Anna Waitkus - 5430 Oliver No.(?) M trust, St. of Minn.) 4 2. John McCallow - 290 Longfellow 6. John Hayes, 6132 Elm St. 10. Maynard Schommer, 7905 E.River Rd. Morton Grove, Ill. 3. Carl Lundberg - 280 Longfellow 7, John Marshall - 230 Longfellowll. Virginia Jacobsen, 231 79th Way CA Walter Schultz 260 Longfellow g� Charles Fjeld - 210 Longfellow 12. David Stivers - 221 79th Way OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: #1 on Agenda 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, October 262 1971 to consider the following: A request for a variance of Section 45.0753, E3, Fridley City Code, to reduce the footage requirement for a garage to be away from a lot line from 5 feet to zero feet to permit the construction of a 5 stall garage on Lots 11,12, 13 and 14, Block 3, Spring Brook Park Addition the same being 231 -79th Way N.E., Fridley, Minnesota. (Request by Virginia T. Jacobsen, 231 -79th Way N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS The Minutes of the Board of Appeals Meeting of October 26, 1971 Page 2 V Mr. Belisle told Mr. Bailey that he would have to submit a section through plan on the garage conversion and also on the addition when he applies for the building permit. Mr. Bailey said he did not have any plans drawn up as yet but he would have them when he applied for the permit. MOTION by Sondheimer to close the public hearing on the 2nd & 3rd variances. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Drigans to recommend to the City Council: 1. Approval of the variance to construct the detached garage for the following reasons and stipulations; a. The property owner, Mr. Bailey, would like to preserve the several large trees on his lot. b. The garage will be approximately 32 feet, including boulevard, from the street. c. Subject to having a written agreement from the owner that the existing garage will be converted into living area. d. Subject to the issuing of both the permit for the conversion and the permit for the detached garage at the same time. 2. Approval of the variance to convert the existing non -conforming garage into living area as; a. It will enhance the appearance of the existing home. b. This variance would not be allowing any enlarging of an already non -conforming structure. 3. Approval of the variance to reduce the sideyard setback from 172 feet to 13.2 feet to construct a covered patio subject to approval, construction wise, of the Engineering and Building Inspection Departments. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 2. A REQUEST FOR A VARIANCE OF SECTION 45.075, E3. FRIDLEY CITY CODE, TO REDUCE THE FOOTAGE REQUIREMENT FOR A GARAGE TO BE AWAY FROM A LOT LINE FROM 5 FEET TO ZERO FEET TO PERMIT THE CONSTRUCTYON OF A 5 STALL GARAGE ON LOTS 11. 12. 13 AND 14. P. FXl FRIDLEY Miss Jacobsen and her contractor, Mr. Rehbein, were present to present the request. A verification survey was shown to the Board. The survey showed that the 12 foot alley behind this property was vacated, but according to the Anoka County records it.never has been vacated. The Minutes of the Board of Appeals Meeting of October 26, 1971 Page 3 Miss Jacobsen said the alley is not used and it is not officially vacated but the legal description of her property includes the South i of vacated alley. She said she tried to get a petition signed to vacate the alley but the people were against it. Mr. Drigans asked if they had tried to place the garage any other way on the lot. Miss Jacobsen said they could locate the garage along the East side of the lot but by doing that she would lose a great deal of the only green area in the back yard and she does not want to do that. The green area is used for picnic tables, clothes poles and play area. Mr. Sondheimer asked what the City is doing to improve the alleys in the City. Mr. Belisle answered the City discourages improvement of an alley but if the people using an alley request improvement, the City will comply. There was a discussion on what would happen to the N.S.P. lines if the alley was vacated. Mr. Belisle stated he thought that if the Council was to approve the vacation the City would retain an easement for drainage and utility purposes. Mr. Sondheimer stated he would certainly like to see a letter from the power company stating that they agree with this or that the pole might have to be moved. Miss Jacobsen said the garage will be close to the pole but the pole would not have to be moved. She said she talked to N.S.P. about this and they said if she wanted the pole moved the cost would have to be paid by her. Mr. & Mrs. Walter Schultz, 260 Longfellow Street, were present to find out what was being proposed. Mr. Charles Fjeld, 210 Longfellow and Mr. John Marshall, 230 Longfellow, were also present to find out more about the request. Mr. Schultz stated there are some nice trees along the back lot line of Miss Jacobsen's property and he wondered if these would be removed. Mr. Rehbein said a few of them would have to be removed but not all of them. Miss Jacobsen stated that a couple of cars have been broken into that were in the parking area and the trees are a good blind. Mr. Schultz asked if the alley was going to be put in. Chairman Minish stated the alley was not going to be put in unless the people abutting the alley requested it. The garage was not going to be faced toward the alley so there would be no reason to put it in because of this request. Mr. Rehbein stated the proposed garage stalls will be 11 feet wide while the present parking spaces are only 9 feet wide. The garage will be 55 feet long and 22 feet deep and will be 32 feet from the side property line. Mr. Schultz asked what the Code requires in parking stall width. Mr. Belisle answered 10 feet. 11 The Minutes of the Board of Appeals Meeting of October 26, 1971 Page 4 The property owners who were present at the meeting did not understand that when an alley was vacated, it meant the land went back to the property owners. After they understood this, they all agreed that they would sign Miss Jacobsen's petition for vacation. MTION by Drigans to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Sondheimer to recommend to the Council approval of the request for a 5 stall garage to be zero feet fm m the north lot line for the following reasons and stipulations: 1. Subject to getting a letter of agreement from N.S.P. 2. Subject to filing of the petition for vacating the alley. Mr. Drigans added the hardship is that Miss Jacobsen wants to save some existing large trees in the yard plus she does not want to build on the green area and this garage will provide shelter for some of the automobiles. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT The meeting was adjourned by Chairman Minish at 8:50 P.M. Respectfully submitted, MARY HIN Secretary REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 13 MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the -- variances as requested by Donald C. Bailey. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. A REQUEST FOR A VARIANCE OF SECTION 45.075, E3, FRIDLEY CITY CODE, TO REDUCE THE FOOTAGE REQUIREMENT FOR A GARAGE TO BE AWAY FROM A LOT LINE FROM 5 FEET TO ZERO FEET TO PERMIT THE CONSTRUCTION OF A 5 STALL GARAGE ON LOTS 11, 12, 13 AND 14, BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231 79TH WAY NES FRIDLEY, MINNESOTA. (REQUEST BY VIRGINIA T. JACOBSEN, 231 79TH WAY NE, FRIDLEY, MINNESOTA): The City Engineer explained there is a 12' alley behind this property that has been platted. His department has already received a request to vacate this alley and they have received a letter from NSP stating they have no objection. Miss Jacobsen would not be occupying any $art of the alley. Councilman Liebl, asked Miss Jacobsen's position in regard to vacation of this alley and she replied that she has started a petition and already has quite a few signatures. She added that she would like to save as many trees as possible. MOTION by Councilman Breider to concur with the Board of Appeals and grant the request for a variance subject to the vacation request of the alley and with the request that she save as many trees as possible. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of October 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF SEPTEMBER 27, 1971: The City Manager reported that the Parks and Recreation Commission have re- , quested the City Attorney to outline their position in regard to their duty in the preparation of the budget. The City Attorney said he had received their request, but had not yet given his opinion. MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of September 27, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unani- mously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF OCTOBER 18, 1971: Councilman Liebl pointed out that Mr. Olson would like an answer to the question of whose responsibility it is to trim boulevard trees. The City Manager said he is currently working on this problem. MOTION by Councilman Kelshaw to receive the Minutes of the Parks and Recreation Commission Meeting of October 18, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. lianning Commission Meeting - November 17, 1971 Pa q 2. VACATION REQUEST: SAV #71-07, BY MRS. VIRGINIA T. JACOBSEN: To vacate the East-West alley in Block 3, Spring Brook Park Addition. Mrs. Virginia Jacobsen was present. The Chairman explained that this item was continued from the last meeting in order to notify the people in the neighborhood. Mr. Clark said he had not received any phone calls. The only lot that abuts the alley for which no signature was given was Lot 28. Mrs. Jacobsen said the Schultz's assured her that they can get that signature if she needed it. No one is using the alley. Chairman Erickson said the City would have to retain the easements for utilities, Mr. Clark explained that the Board of Appeals were asked for a variance for the construction of a garage to the lot line, and to vacate the alley if no one was using it. The City has indicated that they are doing everything to discourage the use of an alley. Mr. Schmedeke said he recalled that in his area, one person objected to the vacation of an alley and the petition was not granted. He wished an attempt could be made to create an ordinance where 80% or so would be adequate to pass. Chairman Erickson said that he agreed it would be desirable to vacate the alley, or try to do it. In this particular case, he found that at least 80% of the people who own property adjacent to the alley have petitioned for the vacation. Mr. Clark said, referring to notices mailed to the people, that in the City Charter, only the people affected are notified, for example, an alley vacation requires only the people in the block to be notified, and if a street, they would perhaps go two or three blocks. Mr. Fitzpatrick said that in view of the recommendation of the Subcommittee, in view of the fact that no one has objected, and in view of the large number of people requesting the vacation, he would make the following motion. MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission recommend to Council approval of the vacation request, SAV #71-07, by Mrs. Virginia T. Jacobsen to vacate the East/West 12 foot alley in Block 3, Spring Brook ,Park Addition with the stipulation that the City retain the utility easements and that the utility companies concur. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUED: REZONING REQUEST, ZOA #71-09, BY CASTLE MOBILE HOMES, INC.: To rezone the Westerly 600 feet of the Northerly 750 feet of the NES of the NW -4 of Section 12 to be rezoned from M-1 (light industrial areas) to C -2S (general shopping areas). Building Standards -Design Control Meeting of November 23, 1971 Page 4 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A PROPOSED FOUR STALL GARAGE LOCATED ON LOTS 11, 12, 13 AND 14, BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231 79TH WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MRS. VIRGINIA JACOBSEN. 231 79TH WAY N.E.. FRIDLEY. MINNESOTA). Fred E. Rehbein was present to present the request. He is the contractor for the proposed four stall garage. The exterior would be rough sawn cedar with a trussed hip roof to match the existing apartment building. Mrs. Jacobsen has been granted a variance to build on the rear property line. There is a public hearing pending on vacating the south 2 of an alley. The Planning Commission recommended approval of the vacation November 17, 1971. If this vacation is granted, the garage would be 6' from the property line. MOTION by Lindblad to recommend approval to construct a four stall garage. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. The meeting was adjourned by Chairman Zeglen at'10:05 P.M. Respectfully submitted, DOROTHY EVERSON Secretary REGULAR COUNCIL MEETING OF DECEMBER 6, 1971 PAGE 14 opened up and blacktop the back portion of his lots. He is also to put in`some plantings. This will be an improvement to a difficult situation. Mr.. Richard Harris said he owns Lots 1-7 across the alley and just to the north of.this site. He said he was not in favor of "T" alleys because the trucks cannot get around the corner. He questioned whether the alley could be run out to 77th Avenue. The City Engineer said he was not suggesting that the alley be opened now until the easterly � of the block develops. This would be a long range thing, and what is done with the alley would depend on how the east � of the block develops. He added that the property just south of Block 7, along 77th Avenue, is zoned industrial, but there are some residential homes on the lots. He felt that with the industrial development going on in onaway, that property will become too valuable for them to hold, and it will eventually be sold as industrial property. MOTION by Councilman Breider to approve the plans for Inventors Engineering, Inc., subject to the Building Standards - Design Control stipulations with the additional conditions suggested by the City Engineer. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. X 3.CONSIDERATION OF A REQUEST TO CONSTRUCT A PROPOSED FOUR STALL GARAGE LOCATED ON LOTS 11, 12, 13 AND 14, BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231 79TH 19AY N.E., FRIDLEY, MINNESOTA. (REQUEST BY VIRGINIA T. JACOB_SEN, 231 79TH WAY N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Harris to approve the plans for the garage as submitted, with the permit to be withheld until the vacation of the alley is completed. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the.motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Meeting of November 23, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unai}imously. . RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 23, 1971: 1, A REQUEST FOR A VARIANCE OF SECTION 45.134, 6, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM FRONT YARD SETBACK, WHEN AN M-1 PROPERTY IS ADJACENT TO A DIFFERENT DISTRICT, FROM 100 FEET TO 70 FEET TO ALLOW THE CONSTRUCTION OF A WAREHOUSE AND OFFICE BUILDING TO�BE ON PART OF LOT 1, PAV=L 300, AUDITOR'S.SUBDIVISION #891 THE SAME BEING 1305 72ND AVENUE N.E., FRIDLr.Y, MINNESOTA. (REQUEST BY BRYANT-FRANKLIN CORPORATION, 1000 WEST COUNTY ROAD D, NEW BRIGHTON, MINNESOTA): The City Engineer said that this was a warehouse - office building and because of the layout, they feel that it would present a better appearance to face 72nd Avenue which then requires a variance. The Board of Appeals agreed with them and felt this layout adds more aesthetic value to the area than having the loading docks face 72nd Avenue. MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the variance requested by Bryant -Franklin Corporation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.